What does 49 CFR 40.210 (What kinds of drug tests are permitted under the regulations?) require?
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Based on 49 CFR 40.210, the regulations require and permit the following for motor carriers:
* Approved Specimen Types: Only urine and oral fluid specimens are authorized for collection and testing, and they must be screened and confirmed at HHS-certified laboratories.
* Prohibited Tests: Point-of-collection (POC) urine testing, POC oral fluid testing, hair testing, and instant tests are not authorized.
* Single Specimen Rule at Start: When sending an employee for a drug test, you can use either a urine specimen or an oral fluid specimen at the beginning of the testing event, but you cannot collect both simultaneously.
* Handling Collection Problems: If a problem arises during the collection that requires a second collection (such as an insufficient quantity of urine, a temperature out of range, or an insufficient amount of saliva), a different specimen type may then be chosen to complete the testing event. This choice can be made by the employer (through a standing order or discussion with the collector) or by its service agent if there is no standing order and the service agent cannot contact the Designated Employer Representative (DER).
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