Ask X3What does 49 CFR 40.67 (When and how is a directly observed urine collection conducted?) require?
Generated guidance. Confirm the source and its applicability before you act. How we check sources.
As a motor-carrier owner, according to 49 CFR 40.67, you must direct an immediate urine collection under direct observation (with no advance notice to the employee) under the following circumstances:
1. Invalid Specimen: The laboratory reported an invalid specimen to the MRO, and the MRO reported that there was no adequate medical explanation.
2. Cancelled Test: The MRO reported that an original positive, adulterated, or substituted result had to be cancelled because the split specimen test could not be performed.
3. Negative-Dilute: The laboratory reported a negative-dilute specimen with a creatinine concentration between 2 mg/dL and 5 mg/dL, and the MRO reported that a second collection must take place under direct observation.
4. Missed Observation: You realize a directly observed collection was required but not conducted, or a service agent informs you that it should have been done.
5. Test Reason: The drug test is a return-to-duty test or a follow-up test.
Employer and Collector Requirements:
* Explanation: You must explain to the employee the reason for a directly observed collection.
* Observer Gender: The observer must be of the same gender as the employee and can be a different person than the collector. If a same-gender observer cannot be found, specific oral fluid testing procedures apply.
* Observation Process: The observer must instruct the employee to raise their shirt and lower their clothing and underpants to check for prosthetic devices by turning around. The observer must then watch the urine go directly from the employee's body into the collection container.
* Refusal: If the employee declines to allow a directly observed collection, it is considered a refusal to test.