Ask X3What does 49 CFR 40.73 (How is an oral fluid specimen collected?) require?
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According to 49 CFR 40.73, the oral fluid specimen collection process requires the following practical steps for your drivers and collectors:
* Presence and Privacy: The collector must be present and maintain visual contact with the employee during the entire procedure. No one other than the collector, the employee, or a DOT agency representative is allowed to witness the testing process.
* Behavior and Tampering: The collector must note any unusual behavior or appearance on the CCF. If the collector sees clear signs of an attempt to tamper with a specimen (like bringing in an adulterant or substitute), they must stop the collection immediately and report it to your Designated Employer Representative (DER) so you can decide whether to treat it as a refusal.
* Following Instructions: Both the employee and the collector must follow the collection device manufacturer's instructions. Under the collector's observation, the employee positions the device. The collector must ensure the device works properly, is used correctly, and that enough specimen volume is collected. Once a sufficient specimen is provided, the collector must check the "Volume Indicator(s) Observed" box in Step 2 of the Federal CCF.
* Insufficient Specimens: If a driver states they cannot provide a specimen or provides an insufficient volume, the collector must make one additional attempt to collect the specimen. After an insufficient specimen, the collector follows the procedures in § 40.193.
* Inspection for Tampering: The collector must inspect the specimen for unusual color, foreign objects, or tampering signs. If it has been tampered with, the collector must:
* Document the unusual characteristics in the Remarks section of the CCF.
* Conduct a brand-new collection.
* Note on the new CCF that it is another collection for the same testing event (documenting it as "Specimen 2 of 2" and including the Specimen ID of the other specimen in the remarks), and make the exact same cross-reference notation on the CCF of the suspect specimen.