(a) Designation of collection site. (1) EachYes, employeras drugan testing program shall have one or more designated collection sites which have all necessary personnelemployer, materials,you equipmentmust, facilitiesafter andobtaining supervisionan toemployee's providewritten for the collectionconsent, security,request temporarythe storage,information andabout shipping or transportation of urine specimens to a certified drug testing laboratory. An independent medical facility may also be utilized as a collection site provided the otheremployee applicablelisted requirements of this part are met.
(2) A designated collection site may be any suitable location where a specimen can be collected under conditions set forth in thisparagraphs part, including a properly equipped mobile facility. A designated collection site shall be a location having an enclosure within which private urination can occur, a toilet for completion of urination (unless a single-use collector is used with sufficient capacity to contain the voidb), andthrough a suitable clean surface for writing. The site must also have a source of water for washing hands, which, if practicable, should be external to the enclosure where urination occurs.
(bj) Security. The purpose of this paragraph is to prevent unauthorized access which could compromise the integrity of the collection process or the specimensection.
(1) ProceduresThis shall
requirement
provide
applies
for
only
the designated collection site
to
be
employees
secure.
seeking
If a collection site facility is dedicated solely
to
urine
begin
collection,
performing
it
safety-sensitive
shall
duties
be secure at all times. If a facility cannot be dedicated solely to drug testing, the portion of the facility used
for
testing
you
shall be secured during drug testing.
(2) A facility normally used
for
other
the
purposes,
first
such
time
as a public rest room or hospital examining room, may be secured by visual inspection to ensure other persons are not present and undetected access
(
i.
e.
g.
,
through
a
rear
new
door
hire,
not
an
in
employee
the
transferring
view
into
of
a
the
safety-sensitive
collection site person
position
)
is not possible
.
Security
If
during
the
collection
employee
may
refuses
be maintained by effective restriction of access
to
collection
provide
materials
this
and
written
specimens. In the case of a public rest room
consent
,
the
you
facility
must
be
not
posted
permit
against access during
the
entire
employee
collection procedure
to
avoid
perform
embarrassment
safety-sensitive
to the employee or distraction of the collection site person
functions
.
(
3
2
) If
it
you
is impractical to maintain continuous physical security of a collection site from the time the specimen is presented until the sealed mailer is transferred for shipment, the following minimum procedures shall apply. The specimen shall remain under the direct control of the collection site person from delivery to its being sealed in the mailer. The mailer shall be immediately mailed, maintained in secure storage, or remain until mailed under the personal control of the collection site person.
(c) Chain of custody. The chain of custody block of the drug testing custody and control form shall be properly executed by authorized collection site personnel upon receipt of specimens. Handling and transportation of urine specimens from one authorized individual or place to another shall always be accomplished through chain of custody procedures. Since specimens and documentation
are
sealed
an
in
employer
shipping
regulated
containers that would indicate any tampering during transit to the laboratory and couriers, express carriers, and postal service personnel do not have access to the chain of custody forms, there is no requirement that such personnel document chain of custody for the shipping container during transit. Nor is there a requirement that there be a chain of custody entry when a specimen which is sealed in such a shipping container is put into or taken out of secure storage at the collection site prior to pickup
by
such personnel. This means that the chain of custody is not broken
FMCSA
,
and
you
a
must
test
comply
shall not be canceled, because couriers, express carriers, postal service personnel, or similar persons involved solely
with the
transportation
requirements
of
a specimen to a laboratory, have not documented their participation in the chain of custody documentation or because the chain of custody does not contain entries related to putting the specimen into or removing it from secure temporary storage at the collection site. Every effort shall be made to minimize the number of persons handling specimens.
(d) Access to authorized personnel only. No unauthorized personnel shall be permitted in any part of the designated collection site where urine specimens are collected or stored. Only the collection site person may handle specimens prior to their securement in the mailing container or monitor or observe specimen collection (under the conditions specified in
this
part).
section
In
by
order
using
to promote security of specimens, avoid distraction of
the
collection
FMCSA's
site
Drug
person
and
ensure
Alcohol
against
Clearinghouse
any confusion
in
the
accordance
identification
with
of
49
specimens,
CFR
the collection site person shall have only one donor under his or her supervision at any time
382
.
For this purpose, a collection procedure is complete when the urine bottle has been sealed and initialled, the drug testing custody and control form has been executed, and the employee has departed the site
71
(
or, in the case of an employee who was unable to provide
a
complete specimen, has entered a waiting area
).
(e)
Privacy.
In
(1)
addition,
Procedures
you
for
must
collecting
continue
urine specimens shall allow individual privacy unless there is a reason
to
believe
comply
that
with
a particular individual may alter or substitute
the
specimen
requirements
to be provided, as further described in this paragraph.
(2) For purposes
of this
part,
§
the following circumstances are the exclusive grounds constituting a reason to believe that the individual may alter or substitute the specimen:
(i) The employee has presented a urine specimen that falls outside the normal temperature range (32°-38° C/90°-100° F), and
(A) The employee declines to provide a measurement of body temperature (taken by a means other than use of a rectal thermometer), as provided in paragraph (f)(14) of the part; or
(B) Body temperature varies by more than 1°C/1
40
.
8°F
25
from
when
the
checking
temperature
an
of the specimen;
(ii) The last urine specimen provided by the
employee
's
(i.e.,
testing
on
history
a
with
previous
employers
occasion)
regulated
was determined
by
the laboratory to have
a
specific
DOT
gravity
operating
of
administration
less
other
than
1
FMCSA
.
003 and a creatinine concentration below.2g/L;
(
iii
3
)
The
If
collection
you
site
are
person observes conduct clearly and unequivocally indicating
an
attempt
employer
to
regulated
substitute
by
or adulterate the sample (e.g.
FMCSA
,
substitute
with
urine
a
in
prospective
plain view, blue dye in specimen presented, etc.); or
(iv) The
employee
has
subject
previously been determined
to
have
drug
used a controlled substance without medical authorization
and
the
alcohol
particular
testing
test
with
was being conducted under
a DOT agency
regulation
other
providing
than
for follow-up testing upon or after return to service.
(3) A higher-level supervisor of the collection site person
FMCSA
,
or
you
a
must
designated
continue
employer representative, shall review and concur in advance with any decision by a collection site person
to
obtain
request
a specimen under
the
direct
information
observation
about
of a same gender collection site person based upon
the
circumstances
employee
described
listed
in
subparagraph
paragraphs
(
2
b
)
of
through
this paragraph.
(
f
j
)
Integrity and identity
of
specimen
this section
.
Employers
For
shall
example,
take
if
precautions
you
to
are
ensure
an
that
employer
a
regulated
urine
by
specimen
both
is
FMCSA
not adulterated or diluted during the collection procedure
and
that
PHMSA,
information on the urine bottle
and
on
you
the urine custody and control form can identify the individual from whom the specimen was collected. The following minimum precautions shall be taken to ensure that unadulterated specimens
are
obtained
hiring
and
an
correctly
employee
identified:
(1) To deter the dilution of specimens at the collection site, toilet bluing agents shall be placed in toilet tanks wherever possible, so the reservoir of water in the toilet bowl always remains blue. Where practicable, there shall be no other source of water (e.g., shower or sink) in the enclosure where urination occurs. If there is another source of water in the enclosure it shall be effectively secured or monitored
to
ensure
perform
it
functions
is
regulated
not
by
used
both
as
DOT
a source for diluting the specimen.
(2) When an individual arrives at the collection site
agencies
,
the
then
collection
you
site
must
person
query
shall ensure that the individual is positively identified as the employee selected for testing (e.g., through presentation of photo identification or identification by the employer
FMCSA
's
representative).
Clearinghouse
If
to
the
satisfy
individual
FMCSA
's
identity
requirements
cannot
and
be
you
established,
must
the
request
collection site person shall not proceed with
the
collection.
information
If
listed
the
in
employee
paragraphs
requests, the collection site person shall show his/her identification to the employee.
(
3
b
)
If
through
the individual fails to arrive at the assigned time, the collection site person shall contact the appropriate authority to obtain guidance on the action to be taken.
(
4
j
)
The
of
collection
this
site
section
person shall ask the individual
to
remove
satisfy
any unnecessary outer garments such as a coat or jacket that might conceal items or substances that could be used to tamper with or adulterate the individual
PHMSA
's
urine specimen
requirements
.
The collection site person shall ensure that all personal belongings such as a purse or briefcase remain with the outer garments. The individual may retain his or her wallet. If the employee requests it, the collection site personnel shall provide the employee a receipt for any personal belongings.
(
5
b
)
The
You
individual
must
shall
request
be instructed to wash and dry his or her hands prior to urination.
(6) After washing hands,
the
individual
information
shall
listed
remain
in
the presence of the collection site person and shall not have access to any water fountain, faucet, soap dispenser, cleaning agent or any other materials which could be used to adulterate the specimen.
(7) The individual may provide his/her specimen in the privacy of a stall or otherwise partitioned area that allows for individual privacy. The collection site person shall provide the individual with a specimen bottle or collection container, if applicable, for
this
purpose.
(8)
paragraph
The collection site person shall note any unusual behavior or appearance on the urine custody and control form.
(
9
b
)
In
from
the exceptional event that an employer
DOT
-
designated
regulated
collection
employers
site
who
is
have
not
employed
accessible and there is an immediate requirement for specimen collection (e.g., circumstances require a post-accident test), a public rest room may be used according to
the
following
employee
procedures: A collection site person of the same gender as the individual shall accompany the individual into the public rest room which shall be made secure
during
the collection procedure. If possible, a toilet bluing agent shall be placed in the bowl and
any
accessible
period
toilet
during
tank. The collection site person shall remain in
the
rest
two
room,
years
but
before
outside
the
stall,
date
until the specimen is collected. If no bluing agent is available to deter specimen dilution, the collection site person shall instruct the individual not to flush the toilet until the specimen is delivered to the collection site person. After the collection site person has possession
of the
specimen, the individual will be instructed to flush the toilet and to participate with the collection site person in completing the chain of custody procedures.
(10) The collection site person shall instruct the
employee
's
to
application
provide at least 45 ml of urine under the split sample method of collection
or
30 ml of urine under the single sample method of collection.
transfer:
(
i
1
)
(A)
Employers
Alcohol
tests
with
employees subject to drug testing only under the drug testing rules of the Research and Special Programs Administration and/or Coast Guard may use the “split sample” method of collection or may collect
a
single
result
sample for those employees.
(B) Employers with employees subject to drug testing under the drug testing rules
of
the Federal Highway Administration, Federal Railroad Administration, Federal Transit Administration, or Federal Aviation Administration shall use the “split sample” method of collection for those employees
0
.
(ii)
04
Employers using the split sample method of collection shall follow the procedures in this paragraph (f)(10)(ii):
(A) The donor shall urinate into a collection container
or
a
higher
specimen
alcohol
bottle capable of holding at least 60 ml.
concentration;
(
B
2
)
(
1
Verified
)
positive
If
drug
a collection container is used, the collection site person, in the presence of the donor, pours the urine into two specimen bottles. Thirty (30) ml shall be poured into one specimen bottle, to be used as the primary specimen. At least 15 ml shall be poured into the other bottle, to be used as the split specimen.
tests;
(
2
3
)
If
Refusals
a single specimen bottle is used as a collection container, the collection site person, in the presence of the donor, shall pour 15 ml of urine from the specimen bottle into a second specimen bottle (
to be
used
tested
as the split specimen) and retain the remainder
(
at
including
least
verified
30
adulterated
ml)
or
in
substituted
the
drug
collection
test
bottle (to be used as the primary specimen
results
)
.
;
(
C
4
)
Nothing
Other
in
violations
this section precludes the use
of
a
DOT
collection
agency
method
drug
or system that does not involve the physical pouring of urine from one container or bottle to another by the collection site person, provided that the method or system results in the subdivision of the specimen into a primary (30 ml)
and
a
alcohol
split
testing
(at
regulations;
least 15 ml) specimen that can be transmitted to the laboratory
and
tested in accordance with the requirements of this Subpart.
(
D
5
)
Both
With
bottles
respect
shall be shipped in a single shipping container, together with copies 1,2, and the split specimen copy of the chain of custody form,
to
the
any
laboratory.
(E) If the test result of the primary specimen is positive, the
employee
may
who
request
violated
that the MRO direct that the split specimen be tested in
a
different
DOT
DHHS-certified laboratory for presence of the
drug
(s)
for
and
which
alcohol
a
regulation,
positive
documentation
result was obtained in the test
of the
primary specimen. The MRO shall honor such a request if it is made within 72 hours of the
employee
's
having
successful
been
completion
notified
of
a
DOT
verified
return-to-duty
positive
requirements
test result.
(
F)
including
When the MRO informs the laboratory in writing that the employee has requested a test of the split specimen, the laboratory shall forward, to a different DHHS
follow
-
approved
up
laboratory, the split specimen bottle, with seal intact, a copy of the MRO request, and the split specimen copy of the chain of custody form with appropriate chain of custody entries.
(G
tests
)
.
The
If
result of
the
test
previous
of
employer
the
does
split
not
specimen
have
is
information
transmitted
about
by
the
second
return-do-duty
laboratory
process
to the MRO.
(
H) Action required by DOT agency regulations as the result of a positive drug test (
e.g.,
removal
an
from
employer
performing
who
a
did
safety-sensitive function) is
not
stayed
hire
pending
an
the
employee
result
who
of
tested
the
positive
test
on
of
a
the
pre-employment
split specimen.
(I) If the result of the
test
of the split specimen fails to reconfirm the presence of the drug(s
)
or drug metabolite(s) found in the primary specimen
,
the
you
MRO
must
shall
seek
cancel the test, and report the cancellation and the reasons for it
to
the
obtain
DOT,
this
the
information
employer,
from
and
the employee.
(
iii
c
)
Employers using the single sample collection method shall follow the procedures in paragraph:
(A)
The
collector
information
may
obtained
choose
from
to
a
direct
previous
the
employer
employee
includes
to
any
urinate
drug
either directly into a specimen bottle
or
into
alcohol
a
test
separate
information
collection
obtained
container.
(B) If a separate collection container is used, the collection site person shall pour at least 30 ml of the urine
from
the
previous
collection
employers
container
under
into
this
the
section
specimen bottle in the presence of the employee.
(iv)(A)( 1 ) In either collection methodology, upon receiving the specimen from the individual, the collection site person shall determine if the specimen has at least 30 milliliters of urine for a single specimen collection
or
45
other
milliliters
applicable
of
DOT
urine
agency
for a split specimen collection
regulations
.
(
2
d
) If
the individual has not provided the required quantity of urine
feasible
,
the
you
specimen
must
shall
obtain
be discarded. The collection site person shall direct the individual to drink up to 40 ounces of fluid, distributed reasonably through a period of up to three hours, or until the individual has provided a new urine specimen, whichever occurs first. If the employee refuses to drink fluids as directed or to provide a new urine specimen, the collection site person shall terminate the collection
and
notify
review
the
this
employer
information
that
before
the employee
has
first
refused
performs
to
safety-sensitive
submit to testing
functions
.
(
3 )
If
the
this
employee
is
has
not
provided a sufficient specimen within three hours of the first unsuccessful attempt to provide the specimen
feasible
,
the
you
collection
must
site
obtain
person shall discontinue the collection
and
notify
review
the
employer.
(B)
information
The employer shall direct any employee who does not provide a sufficient urine specimen (see paragraph (f)(10)(iv)(A)( 3 ) of this section) to obtain,
as soon as possible
.
after the attempted provision of urine
However
,
an
you
evaluation
must
from
not
a
permit
licensed physician who is acceptable to
the
employer concerning the
employee
's
ability
to
provide
perform
an
safety-sensitive
adequate
functions
amount
after
of
30
urine.
(
days
1
from
) If
the
physician
date
determines,
on
in
which
his or her reasonable medical judgment, that a medical condition has, or with a high degree of probability, could have, precluded
the employee
from
first
providing
performed
an adequate amount of urine, the employee's failure to provide an adequate amount of urine shall not be deemed a refusal to take a test. For purposes of this paragraph, a medical condition includes an ascertainable physiological condition (e.g., a urinary system dysfunction) or a documented pre
safety
-
existing
sensitive
psychological disorder
functions
,
but
unless
does
you
not
have
include
obtained
unsupported assertions of “situational anxiety”
or
dehydration.
made
The
and
physician
documented
shall provide to the MRO
a
brief
good
written
faith
statement
effort
setting
to
forth
obtain
his
this
or her conclusion and the basis for it, which shall not include detailed
information
on the medical condition of the employee
.
Upon receipt of this statement, the MRO shall report his or her conclusions to the employer in writing.
(
2
e
) If
the
you
physician,
obtain
in
information
his
that
or her reasonable medical judgment, is unable to make
the
determination set forth in paragraph (f)(10)(iv)(B)( 1 ) of this section, the
employee
's
failure
has
to
violated
provide an adequate amount of urine shall be regarded as
a
refusal
DOT
to
agency
take
drug
a test. The physician shall provide to the MRO a brief written statement setting forth his or her conclusion
and
the
alcohol
basis for it
regulation
,
which
you
shall
must
not
include
use
detailed information on
the
medical condition of the
employee
.
Upon
to
receipt
perform
of
safety-sensitive
this
functions
statement,
unless
the
you
MRO
also
shall
obtain
report
information
his
that
or her conclusions to
the
employer
employee
in writing.
(11) After the specimen
has
been
subsequently
provided
complied
and
with
submitted to
the
collection site person, the individual shall be allowed
return-
to
-duty
wash
requirements
his or her hands.
(12) Immediately after the specimen is collected, the collection site person shall measure the temperature
of
the
Subpart
specimen.
O
The temperature measuring device used must accurately reflect the temperature
of
the
this
specimen
part
and
not
DOT
contaminate
agency
the
drug
specimen. The time from urination to temperature measure is critical
and
in
alcohol
no case shall exceed 4 minutes
regulations
.
(
13
f
)
A
You
specimen
must
temperature
provide
outside
to
the
each
range
of
32°-38° C/90°-100° F constitutes a reason to believe that
the
individual
employers
has
from
altered
whom
or
you
substituted
request
the
information
specimen
under
(see
paragraph (
e
b
)
(2)(i)
of this section
).
In
written
such
consent
cases, the individual supplying the specimen may volunteer to have his or her oral temperature taken to provide evidence to counter the reason to believe the individual may have altered or substituted the specimen.
(14) Immediately after the specimen is collected, the collection site person shall also inspect the specimen to determine its color and look
for
any signs of contaminants. Any unusual findings shall be noted on
the
urine
release
custody and control form.
(15) All specimens suspected
of
being adulterated shall be forwarded to
the
laboratory
information
for
cited
testing.
(16) Whenever there is reason to believe that a particular individual has altered or substituted the specimen as described
in paragraph (
e
a
)
(2)
(i) or (iii)
of this section
, a second specimen shall be obtained as soon as possible under the direct observation of a same gender collection site person
.
(
17
g
)
Both
The
the
release
individual
of
being
information
tested
under
and
this
the
section
collection
must
site
be
person shall keep the specimen
in
view
any
at
written
all
form
times
(e.g.,
prior
fax,
to
e-mail,
its
letter)
being
that
sealed
ensures
and labeled
confidentiality
. As
provided below,
the
specimen
previous
shall
employer,
be
you
sealed
must
(by
maintain
placement of
a
tamperproof
written
seal
record
over the bottle cap and down the sides
of the
bottle)
information
and
released,
labeled
including
in
the
presence of the employee. If the specimen is transferred to a second bottle
date
, the
collection
party
site person shall request the individual
to
observe
whom
the
it
transfer
was
of
released,
the specimen
and
the
a
placement
summary
of the
tamperproof
information
seal over the bottle cap and down the sides of the bottle
provided
.
(
18
h
)
The
If
collection
you
site
are
person
an
and
employer
the
from
individual
whom
being
information
tested
is
shall
requested
be
under
present
paragraph
at the same time during procedures outlined in paragraphs
(
f
b
)
(19)-(f)(22)
of this section
.
(19)
,
The
you
collection
must,
site
after
person
reviewing
shall place securely on
the
bottle an identification label which contains the date, the individual
employee
's
specimen number
specific
,
and
written
any other identifying information provided or required by the employer. If separate from the label
consent
,
the
immediately
tamperproof
release
seal shall also be applied.
(20) The individual shall initial
the
identification
requested
label on the specimen bottle for the purpose of certifying that it is the specimen collected from him or her.
(21) The collection site person shall enter on the drug testing custody and control form all
information
identifying
to
the
specimen.
employer
The
making
collection site person shall sign
the
drug testing custody and control form certifying that the collection was accomplished according to the applicable Federal requirements
inquiry
.
(
22)(
i)
The
As
individual shall be asked to read and sign a statement on
the
drug
employer
testing
requesting
custody and control form certifying that
the
specimen
information
identified as having been collected from him or her is in fact the specimen he or she provided.
(ii) When specified by DOT agency regulation or
required
by
under
the
this
collection site (other than an employer site) or by the laboratory
section
,
the
you
employee
must
may
maintain
be required to sign
a
consent or release form authorizing the collection of the specimen
written
,
analysis
confidential
of
record
the specimen for designated controlled substances, and release
of the
results
information
to
you
the
obtain
employer.
or
The employee may not be required to waive liability with respect to negligence on the part
of
any person participating in
the
collection,
good
handling
faith
or
efforts
analysis
you
of
made
the specimen or
to
indemnify
obtain
any person for
the
negligence of others
information
.
(23)
The
You
collection
must
site
retain
person
this
shall
information
complete
for
the
three
chain
years
of
from
custody portion of
the
drug
date
testing custody and control form to indicate receipt
of the
specimen from the
employee
's
and
first
shall
performance
certify proper completion
of
the
safety-sensitive
collection.
(24)
duties
The urine specimen and chain of custody form are now ready
for
shipment
you
.
If the specimen is not immediately prepared for shipment, the collection site person shall ensure that it is appropriately safeguarded during temporary storage.
(
25
j
)
(i)
While
As
any part of
the
above chain of custody procedures is being performed
employer
,
it
you
is
must
essential
also
that
ask
the
urine
employee
specimen
whether
and
he
custody documents be under the control of the involved collection site person. If the involved collection site person leaves his
or
her
she
work
has
station
tested
momentarily
positive
,
the collection site person shall take the specimen and drug testing custody and control form with him
or
her
refused
or shall secure them. After the collection site person returns
to
the work station
test
,
the
on
custody
any
process
pre-employment
will
drug
continue. If the collection site person is leaving for an extended period of time, he
or
she
alcohol
shall
test
package
administered
the specimen for mailing before leaving the site.
(ii) The collection site person shall not leave the collection site in the interval between presentation of the specimen
by
the employee and securement of the sample with
an
identifying
employer
label
to
bearing
which
the employee
's
specimen
applied
identification number (shown on the urine custody and control form) and seal initialed by the employee. If it becomes necessary
for
the collection site person to leave the site during this interval
,
the
but
collection
did
shall
not
be nullified and (at the election of the employer) a new collection begun.
(g) Collection control. To the maximum extent possible
obtain
,
collection
safety-sensitive
site
transportation
personnel
work
shall
covered
keep
by
the
DOT
individual's
agency
specimen
drug
bottle within sight both before
and
after
alcohol
the individual has urinated. After the specimen is collected, it shall be properly sealed and labeled.
(h) Transportation to laboratory. Collection site personnel shall arrange to ship the collected specimen to the drug
testing
laboratory.
rules
The specimens shall be placed in shipping containers designed to minimize the possibility of damage
during
shipment (e.g., specimen boxes and/or padded mailers); and those containers shall be securely sealed to eliminate
the
possibility
past
of
two
undetected tampering with the specimen and/or the form
years
.
On
If
the
tape
employee
sealing
admits
the shipping container, the collection site person shall sign and enter the date specimens were sealed in the shipping container for shipment. The collection site person shall ensure
that
the
he
chain of custody documentation is enclosed in each container sealed for shipment to the drug testing laboratory. Since specimens and documentation are sealed in shipping containers that would indicate any tampering during transit to the laboratory and couriers, express carriers, and postal service personnel do not have access to the chain of custody forms, there is no requirement that such personnel document chain of custody for the shipping container during transit. Nor is there a requirement that there be a chain of custody entry when a specimen which is sealed in such a shipping container is put into
or
taken
she
out
had
of secure storage at the collection site prior to pickup by such personnel. This means that the chain of custody is not broken, and
a
positive
test
shall not be canceled, because couriers, express carriers, postal service personnel,
or
similar persons involved solely with the transportation of
a
specimen
refusal
to
a laboratory
test
,
have
you
not
must
documented their participation in the chain of custody documentation or because the chain of custody does
not
contain
use
entries related to putting
the
specimen into or removing it from secure temporary storage at the collection site.
(i) Failure to cooperate. If the
employee
refuses
to
cooperate
perform
with
safety-sensitive
the
functions
collection
for
process
you
,
the
until
collection site person shall inform the employer representative
and
shall
unless
document
the
non-cooperation on the drug testing custody and control form.
(j) Employee requiring medical attention. If the sample is being collected from an
employee
in
documents
need
successful
of
completion
medical attention (e.g., as part
of
a
the
post
return
-
accident
to-duty
test
process
given
(see
in
paragraphs
an emergency medical facility
(b
)
, necessary medical attention shall not be delayed in order to collect the specimen.
(
k
5
)
Use of chain of custody form. A chain of custody form (
and
a laboratory internal chain of custody document, where applicable
(e
)
,
shall be used for maintaining control and accountability
of
each
this
specimen from the point of collection to final disposition of the specimen
section)
.
The date and purpose shall be documented on the form each time a specimen is handled or transferred and every individual in the chain of custody shall be identified. Since specimens and documentation are sealed in shipping containers that would indicate any tampering during transit to the laboratory and couriers, express carriers, and postal service personnel do not have access to the chain of custody forms, there is no requirement that such personnel document chain of custody for the shipping container during transit. Nor is there a requirement that there be a chain of custody entry when a specimen which is sealed in such a shipping container is put into or taken out of secure storage at the collection site prior to pickup by such personnel. This means that the chain of custody is not broken, and a test shall not be canceled, because couriers, express carriers, postal service personnel, or similar persons involved solely with the transportation of a specimen to a laboratory, have not documented their participation in the chain of custody documentation or because the chain of custody does not contain entries related to putting the specimen into or removing it from secure temporary storage at the collection site. Every effort shall be made to minimize the number of persons handling specimens.
[
54
65
FR
49866
79526
, Dec.
1
19
,
1989
2000
, as amended at
59
88
FR
7355
27637
,
Feb.
May
15
2
,
1994; 59 FR 43000, Aug. 19, 1994; 61 FR 37699, July 19, 1996
2023
]
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