What does 49 CFR 40.72 (What steps does the collector take in the collection process before the employee provides an oral fluid specimen?) require?

As Ask X3, your fleet-compliance assistant, here are the steps the collector must take before an employee provides an oral fluid specimen, according to 49 CFR 40.72:

1. Inspect the Mouth:

• The collector asks the employee to open their mouth to check for items that could interfere with the collection or be used to alter the specimen (such as candy, gum, food, or tobacco).
• If anything is found, the collector may ask the employee to lift their tongue or separate their cheek from their gum for a full inspection.
• If an item is present that could interfere with the collection, the collector must ask the employee to remove it.
• If the employee claims a medical condition prevents opening their mouth, the collector follows § 40.193(a).
• If the collector observes an intentional attempt to adulterate, substitute, or alter the specimen, the collection must be terminated, noted on the CCF, and reported to the DER to determine if it is a refusal.

2. Handle Rinses and "Dry Mouth":

• If the employee removes an interfering item, has abnormally colored saliva, or claims to have "dry mouth," the collector must provide up to 8 ounces of water for a mouth rinse. The employee may drink the water.
• The collector must then wait 10 minutes before starting the collection.
• If the employee refuses to remove the item or rinse, the collection must be stopped, noted on the CCF, and reported to the DER as a failure to cooperate (§ 40.191(a)(8)) for a potential refusal.

3. Conduct the 10-Minute Wait Period:

• If the oral cavity is clear and there is no "dry mouth," the collector starts a 10-minute wait period. During this time, the collector must:
• Review the collection procedures with the employee using the manufacturer's instructions.
• Complete all items under Step 1 of the CCF (including checking the DOT Agency and providing the collection site address).
• Provide or let the employee select a clean, unused, original-packaged collection device, check and show the expiration date to the employee, ensure it is not expired, and open it in front of the employee.
• Complete Step 2 of the CCF (check "Oral Fluid", check "Subdivided" for the split type, and check that the device is within its expiration date).
• Enter the device expiration date in Step 4 of the CCF.
• Instruct the employee to wash/dry their hands or use hand sanitizer.

4. Keep Device in View:

• To the greatest extent practicable, keep the unwrapped collection device in view of both the collector and the employee between the time the specimen is provided and when it is sealed (49 CFR 40.72).