FTA Drug and Alcohol Regulation Updates
Issue 14, page 4

Checklist Continued

49 CFR Part 40, Procedures for Transportation Workplace Drug Testing Programs

Amended:
February 15, 1994
Federal Register Vol. 59
Pages 7340-7366
Primary Topic: DOT Alcohol Testing Procedures
Procedures for Split Sample
Procedures for Drug Testing

August 19, 1994
Federal Register Vol.59
Pages 42996-43018
Primary Topic: Clarified Urine Specimen and Collection Procedures and Clarified Alcohol Testing Procedures

April 19, 1995
Federal Register Vol.60
Pages 19535-19537
Primary Topic: Standardized Chain of Custody and Control Form

April 20, 1995
Federal Register Vol.60
Pages 19675-19681
Primary Topic: Established Procedures for Use of Non-evidential Alcohol Screening Devices

The information presented on this page should be used to update Chapter 7 of the Implementation Guidelines.

• Are all Chain of Custody procedures followed?
• Are employees that are subject to testing provided with instructions explaining their responsibilities in specimen collections?

Split Sample

• Is the split specimen procedure being utilized at the collection site? After the specimen has been collected, it must be divided into two specimen bottles (30 ml of urine in one bottle and 15 ml in the second bottle)?
• Are procedures in place to have a split sample (15ml) transferred to a second DHHS lab for analysis?

Insufficient Volume in Specimen

• Is the collection site following the correct procedures if the employee being tested is unable to produce a sufficient amount of urine for the test? Specifically, does the collector:

• Discard the original specimen, and
• Obtain another urine sample within three hours of the previous test. The employee cannot drink more than 40 ounces of fluid during the three hours?

• Does the employer refer the employee for a medical examination if 45 ml of urine cannot be provided within three hours?
• Does the examining physician provide the MRO with a statement indicating whether or not the insufficient specimen was the result of a genuine medical condition?
• Does the MRO notify the employer in writing of the medical examination conclusion?
  If there is no medical explanation for the insufficient specimen, is the test regarded as a refusal to be tested? (See Summer 1996 Update).

Observed Collections

• Are procedures in place to require the collection site personnel to conduct a mandatory observed collection immediately after the first collection in the following circumstances?

• The employee’s urine sample is outside the normal temperature range and the employee declines to provide an oral body temperature measurement or the oral body temperature varies by more the 1 C/1.9 F from the specimen temperature; or
• The collection site person observes conduct that clearly and unequivocally indicates an attempt to adulterate or substitute the sample.

• Does the transit system, at its option, have a procedure to determine if an observed collection will be conducted in the following circumstances?

• The most recent urine specimen provided by the employee was determined by the laboratory to have a specific gravity of less then 1.003 and a creatinine concentration below 0.2 g/l; or
• The employee has previously been determined to have used a controlled substance without medical authorization and the particular test is being conducted under the FTA regulation as a return-to-duty or follow-up test.

Privacy/Confidentiality

• Does the collection site have adequate measures in place to protect the privacy of the employee and the integrity of the collection process?
• Does the collection site have adequate measures in place to communicate confidential matters to the employer’s designated representative?