|
Appendix C - Specimen Collection Procedures: 49 CFR 40.31-73(urine); 40.211-277(alcohol)
<br />Employee Notice of procedures used to insure the integrity of the collection process
<br />• You are required to report to the collection site immediately following notification of a required drug and/or alcohol test
<br />(i.e., within a reasonable time as determined by the employer). Failure to do so is considered a refusal to test [see 40,191,
<br />40.261].
<br />■ You will be required to provide a fresh specimen when you arrive at the collection site. An adulterated or substituted
<br />specimen is considered a refusal to test and (like a positive drug or alcohol test) constitutes a violation of DOT drug and
<br />alcohol regulations [see 40.25, 40.133, 40,145, 40,191, 40.285].
<br />■ You will be required to remove outer clothing (i.e., coveralls, jacket, coat, hat) that could be used to conceal
<br />items/substances used to tamper with a specimen, but not required to remove other clothing unless the collection is being
<br />made simultaneously with a DOT agency -authorized medical exam [40.61(f)(3)]. However, your possession of items or
<br />substances that may be used to tamper with a specimen require the collector to conduct an immediate directly observed
<br />specimen collection [40.61(f)(5), 40.63(e), 40.67]. Failure to cooperate is a refusal to test.
<br />■ Direct observation. 40.67 specifies when and how a directly observed collection is to be conducted. In general,
<br />employees will be permitted to give a urine specimen in privacy and without being observed by collection site personnel.
<br />An employee forfeits this right if there is reason to believe that s/he may alter or substitute a specimen. In the event that an
<br />observed collection is required, the observer will be an individual of the same gender as the employee.
<br />The employer must {40.67(b)) require a direct observation specimen collection if the drug test is return -to -duty or a
<br />follow-up test.
<br />Note: In a directly observed specimen collection the employee is required (40.67(i)} to
<br />"raise his or her shirt, blouse, or dress/skirt, as appropriate, above the waist {just above the nave!}; and lower clothing and
<br />underpants {to mid -thigh) to show ... by turning around' that
<br />they do not have prosthetic devices for beating the tests {see 40.191 re refusal to test}.
<br />■ In addition to consequences imposed by DOT for a refusal to test [40.285], any attempt to dilute, adulterate, or
<br />substitute a specimen may be cause for discipline up to and including discharge under Company authority and
<br />solely at the option of the Company.
<br />■ You will be required to show a valid PHOTO I.D. issued by the employer (other than an owner -operator or other self-
<br />employed individual) or a Federal, state, or local government (e.g., a driver's license). Faxes or photocopies are not
<br />acceptable [40.61(c), 40.241(c)].
<br />1 You can NOT be required to sign a consent, release, waiver of liability, or indemnification agreement with respect to any
<br />part of the drug or alcohol testing process covered by 49 CFR Part 40 (including, but not limited to, collections, laboratory
<br />testing, MRO, and SAP services) [See 49 CFR 40.3551. Also, you must NOT list medications on the Custody and Control
<br />Form (CCF); you may make notes on the back of your (employee) copy of the CCF for your convenience, but these notes
<br />must not be transmitted to anyone else [40.61(g)] unless and until such information is requested by the MRO as part of the
<br />MRO verification process (40.141).
<br />■ Failure to cooperate with any part of the testing process is a refusal to test [40.61(f), 40.191(a)(8), 40.261(a)(7)].
<br />■ Alcohol testing can be conducted only by a Breath Alcohol Technician (BAT) or Screening Test Technician (STT)
<br />meeting their respective requirements of 49 CFR 40, Subpart J (40.211-215). An STT can conduct only alcohol screening
<br />tests, but a BAT can conduct alcohol screening and confirmation tests [40.211].
<br />■ An Alcohol Screening Test will follow the procedures detailed in 49 CFR 40, Subpart L (40.241-247). If a drug test is also
<br />required, the alcohol test should be conducted before the drug test [40.241(b)(1)].
<br />■ If the screening test is positive (i.e., an alcohol concentration of 0.02 or greater) a confirmation test will be required
<br />following the procedures detailed in 49 CFR 40, Subpart M (40.251-255).
<br />■ An employee's refusal to sign the Alcohol Testing Form (ATF) certification is a Refusal to test [40.241(g)].
<br />See this policy (Section 1, 13-6; and Section 5), and 49 CFR Part 40 (included by reference in this policy) for additional
<br />information.
<br />2020 Drug Screens Plus. All Rights Reserved. (33) FMCSA 20200101 266
<br />
|