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DOT Rule 49 CFR Part 40 Appendix B

Appendix B to Part 40—Oral Fluid Collection Kit Contents

1. Oral Fluid Collection Device 

        a. A single device, which can be subdivided in the employee's presence into an “A” specimen and a “B” split specimen bottle sufficient for laboratory testing, that is either of the following: 

          (1) An oral fluid collection device made to collect a sufficient amount of oral fluid to permit an HHS-certified laboratory to analyze the specimen(s). For example, a device that directs the oral fluid into two separate collection bottles. 

          (2) A device that uses buffering solution that collects a specimen using a single pad or dual pads joined for insertion together into the same region of the mouth, which can be subdivided into two separate collection bottles. Such a buffered device may use a diluent (or other component, process, or method that modifies the volume of the testable specimen). The volume specifications for the device must be consistent with those set by HHS. 

        b. Must have unit markings or other indicators that demonstrate the adequacy of the volume of oral fluid specimen collected. 

        c. Must be sufficiently transparent to permit a visual assessment of the contents without opening the specimen bottle. 

        d. Must be individually packaged in an easily visible tamper-evident system. 

        e. Must have the device's expiration date on the specimen bottles sent to the laboratory (i.e., the shortest expiration date of any component). 

        f. Must not have components that substantially affect the composition of drugs and/or drug metabolites in the oral fluid specimen and/or interfere with an accurate analysis of the specimen. 

        g. Must maintain the integrity of the specimen during storage and transport so the specimen can be tested in an HHS-certified laboratory. 

        h. Must be designed so that the required tamper-evident bottle seals made available on the CCF fit without concealing the expiration date on the bottles, without damage to the seal when the collector dates and the employee initials it. 

        i. Must be approved by HHS for use by the specific HHS-certified laboratory that will test the specimen gathered by this device. 

2. Instructions 

        Must include the manufacturer's instructions within the device's packaging. The instructions must provide sufficient detail to allow for an error-free collection when the instructions are followed. 

3. Leak-Resistant Plastic Bag 

        a. Must have two sealable compartments or pouches that are leak-resistant; one large enough to hold two specimen bottles and the other large enough to hold the CCF paperwork, as applicable. 

        b. The sealing methodology must be such that once the compartments are sealed, any tampering or attempts to open either compartment will be evident. 

4. Absorbent Material 

Each kit must contain enough absorbent material to absorb the entire contents of both specimen bottles. Absorbent material must be designed to fit inside the leak-resistant plastic bag pouch into which the specimen bottles are placed. 

5. Shipping Container 

        a. Must be designed to adequately protect the specimen bottles from damage during shipment of the specimens from the collection site to the laboratory (e.g., standard courier box, small cardboard box, plastic container). 

        b. May be made available separately at collection sites rather than being part of an actual collection device sent to collection sites. 

        c. A shipping container is not necessary if a laboratory courier hand-delivers the specimen bottles in the leak-resistant plastic bags from the collection site to the laboratory. 

[88 FR 27651, May 2, 2023]