What does 49 CFR 40.61 (What are the preliminary steps in the drug testing collection process?) require?

As a motor-carrier owner, according to 49 CFR 40.61, the collector must complete the following preliminary steps before starting a drug test collection:

* Late Arrivals: If a scheduled employee does not show up on time, the collector must contact the Designated Employer Representative (DER) to check the authorized arrival window. If the employee is late beyond that, the collector notifies the DER, who then decides if it is a test refusal.

* Promptness: Begin the testing process without undue delay once the employee arrives. If the employee also needs a DOT alcohol test, complete that test first to the greatest extent practicable. However, do not delay medical attention for an injured employee, never collect from an unconscious employee, and never catheterize a conscious employee.

* Identification: Require positive photo identification (such as a driver's license or an employer-issued photo ID, though faxes and photocopies are not accepted). An employer representative can also visually identify the employee, or the collector can call the DER to verify identity if no ID is available. The collector must also provide their own identification (name and employer) if the employee asks.

* Explanation: Explain the basic collection procedure to the employee and tell them where to find instructions for completing the Federal Drug Testing Custody and Control Form (CCF) on the HHS and DOT websites.

* Clothing and Belongings: Direct the employee to remove outer clothing (like coats or hats) that could conceal tampering items, and have them leave personal belongings (like briefcases or purses) and outer garments with you or in a mutually agreed place. Give a receipt for belongings if asked, but always allow the employee to keep their wallet. Do not ask them to remove standard clothing or change into a gown unless it is part of an authorized medical exam.

* Pockets: Direct the employee to empty and display the contents of their pockets to check for tampering items. If tampering materials are found, the collector must determine if they were brought with intent to alter the specimen (resulting in a directly observed collection or oral fluid collection) or inadvertently (securing the items until the test is done and proceeding with a normal collection). Advise the employee that failing to comply with these directions is a test refusal.

* Medications: Instruct the employee not to list current medications on the CCF.