DOT Rule 49 CFR Part 40 Section 40.67, 40.69 Q&A

§40.67; §40.69                                                        09/01

QUESTION:

Can the monitor (or direct observer) of a collection be a co-worker or immediate supervisor of the employee?

ANSWER:

• The immediate supervisor of a particular employee may not act as the collector when that employee is tested, unless no other collector is available and the supervisor is permitted to do so under a DOT operating administration’s drug and alcohol regulation.

• The immediate supervisor may act as a monitor or observer (if same gender) if there is no alternate method at the collection site to conduct a monitored or observed collection.

• An employee who is in a safety-sensitive position and subject to the DOT drug testing rules should not be a collector, an observer, or a monitor for co-workers who are in the same testing pool or who work together with that employee on a daily basis.