What does 49 CFR 40.35 (What training requirements must a collector meet for oral fluid collection?) require?

Short answer

To be permitted to act as an oral fluid collector in the DOT drug testing program, a collector must meet the following requirements:

1. Be knowledgeable about 49 CFR part 40, the current DOT Oral Fluid Specimen Collection Procedures Guidelines, and DOT agency regulations applicable to the employers for whom they perform collections.

2. Complete five mock collections, with another person monitoring and evaluating their performance.

3. Complete refresher training no less frequently than every five years from the date on which they satisfactorily complete the initial requirements.

4. Undergo error correction training if they make a mistake in the collection process that causes a test to be cancelled.

The rule says

"You must meet each of the requirements of this section: (a) Basic information. You must be knowledgeable about this part, the current DOT Oral Fluid Specimen Collection Procedures Guidelines, and DOT agency regulations applicable to the employers for whom you perform collections." (49 CFR 40.35)

"Another person must monitor and evaluate your performance, in person or by a means that provides real-time observation and interaction between you and the qualified collector, who must attest in writing that the mock collections are error-free." (49 CFR 40.35(c)(2))

"No less frequently than every five years from the date on which you satisfactorily complete the requirements of paragraphs (b) and (c) of this section, you must complete refresher training that meets all the requirements of paragraphs (b) and (c)." (49 CFR 40.35(e))

"If you make a mistake in the collection process that causes a test to be cancelled ( i.e., a fatal or uncorrected flaw), you must undergo error correction training." (49 CFR 40.35(f))

In plain English

To become an oral fluid collector, one must first understand the regulations and guidelines surrounding the process. This includes being knowledgeable about 49 CFR part 40 and the DOT Oral Fluid Specimen Collection Procedures Guidelines. They must then demonstrate their proficiency by completing five mock collections under the supervision of a qualified collector. To maintain their qualification, collectors must complete refresher training every five years and undergo error correction training if they make a mistake that causes a test to be cancelled.

What to do

• Review 49 CFR part 40 and the DOT Oral Fluid Specimen Collection Procedures Guidelines to understand the requirements.
• Complete the initial training and five mock collections under supervision.
• Schedule refresher training every five years.
• Undergo error correction training if a mistake is made that causes a test to be cancelled.