What does 49 CFR 40.31 (Who may collect specimens for DOT drug testing?) require?

Short answer

49 CFR 40.31 requires that only collectors meeting the requirements of this subpart are authorized to collect urine specimens for DOT drug testing. Collectors must meet training requirements and avoid conflicts of interest.

The rule says

"A urine collector must meet training requirements of 40.33." (49 CFR 40.31(b))

"An oral fluid collector must meet the training requirements of 40.35." (49 CFR 40.31(c))

"If you are the immediate supervisor of the employee being tested, you must not act as the collector when that employee is tested, unless no other collector is available and you are permitted to do so under DOT agency drug and alcohol regulations." (49 CFR 40.31(d))

In plain English

This rule ensures that DOT drug testing is conducted fairly and securely. It prevents supervisors from collecting specimens from their own employees, which could lead to biased results. It also requires collectors to be trained, which helps prevent errors and ensures that the testing process is followed correctly. In a real audit, inspectors will check that collectors are properly trained and that the collection process is secure and free from conflicts of interest.

What to do

• Ensure that all collectors meet the training requirements of 49 CFR 40.33 or 40.35.
• Assign collectors who do not have a conflict of interest with the employee being tested.
• Keep records of collector training and certification.
• Review and update collector training regularly to ensure compliance with DOT regulations.