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DOT Rule 49 CFR Part 40 Section 40.65 Q&A


§40.65                                                                        09/01
 
QUESTION:
 
Part 40 directs the collector to discard the first specimen if the temperature was out of range or the specimen showed signs of tampering and the employee refused to provide a second specimen under direct observation. The Urine Specimen Collection Guidelines [at Section 8, Directly Observed Collection, Number 7] indicate that, in such a situation, the first specimen should be retained and sent to the laboratory. Which requirement is correct?
 
ANSWER:
 
• When a specimen is out of temperature range or shows signs of tampering and the employee refuses to provide a second specimen under direct observation, it is considered a refusal to test. The collector does not retain the first specimen, but discards it.
 
• The requirement in the Urine Specimen Collection Guidelines, Version 1.0, to retain the specimen and send it to the laboratory, was inserted inadvertently.
 
• Urine Specimen Collection Guidelines, Version 1.01, contain the proper procedures as directed by 40.65.
 
Last updated: Tuesday, March 22, 2016