ASK ALICE
In each issue we will be answering questions submitted by members. If you have a question to be answered, please submit it to info@datia. org with Ask Alice in the subject line. Enjoy.
If, in your duties under paragraph (f)(4) of 40.61, you find any material that could be used to tamper with a specimen, you must: (i) Determine if the material appears to be brought to the collection site with the intent to alter the specimen, and, if it is, conduct a directly observed collection using direct observation procedures; or (ii) Determine if the material appears to be inadvertently brought to the col- lection site (e.g., eye drops), secure and maintain it until the collection process is completed and conduct a normal (i.e., unobserved) collection.
According to 40.191, if the donor admits
to the collector that such item was brought in with the atempt to adulterate, substitute or tamper with the specimen, the collector should note this on the CCF in the Re- marks section, check the “none provided” in Step 2/Collection of the Federal CCF, and report this as a Refusal to Test. More specifically, under #7 on page 14 of the Urine Specimen Guidelines, the collector must return all items to the donor at the end of the process, but does not let him/her keep them during the collection process (htp://
www.dot.gov/sites/dot. gov/files/docs/Urine_Specimen_Collec- tion_Guidelines_July3_2014_A.pdf). 40.61; 40.67; 40.191
QUESTION:During a DOT collection, what should be done when the collector dis- covers items used for substitution/adultera- tion? Can the collector confiscate those items to link with the Refusal to test and to use for training purposes, or does the collector sim- ply note it and let the donor keep the item?
ANSWER: You must direct the employee to empty his or her pockets and display the items in them to ensure that no items are present which could be used to adulterate the specimen. If nothing is there that can be used to adulterate a specimen, the employ- ee can place the items back into his or her pockets. As the employee, you must allow the collector to make this observation.
56 datia focus
QUESTION:As a collector, I am being asked if driver’s licenses with void punched in them or expired licenses are acceptable forms of ID for federal drug screens. Can you please help me with this question?
ANSWER: Te regulations don’t state that donor identi- fication needs to be current or valid, however, we recommend that if it isn’t, you follow the portion of the regulations (§40.61 c) that state that the DER should be contacted to verify ID. If there is a question about the validity of ID, the collector should contact the DER for valid identification and document in the Remarks Section on the CCF. 40.61
QUESTION:May a DOT urine speci- men be obtained via catheterization from a patient who is catheterized as part of a medical procedure or who is unconscious?
ANSWER: No one is ever permited to obtain a urine specimen for DOT testing purposes from an unconscious individual, whether by catheterization or any other means. No one is permited to catheterize a conscious em- ployee for the purpose of collecting urine for a DOT drug test. However, if a person has been catheterized for medical purposes (e.g., a conscious, hospitalized patient in a post-accident test situation), it is permis- sible to use urine collected by this means for DOT testing purposes. All necessary documentation for a DOT collection must be provided (e.g., the CCF). In addition, an employee who normally voids through self-catheterization is required to provide a specimen in that manner. §40.61
QUESTION:May employers use the CCF for non-Federal collections or non-Federal forms for DOT collections?
ANSWER: (a) No, as an employer, you are prohibited from using the CCF for non-Federal urine collections. You are also prohibited from using non-Federal forms for DOT urine col- lections. Doing either subjects you to enforce- ment action under DOT agency regulations. (b) (1) In the rare case where the collec-
tor, either by mistake or as the only means to conduct a test under difficult circum- stances (e.g., post-accident or reasonable suspicion test with insufficient time to ob- tain the CCF), uses a non-Federal form for a DOT collection, the use of a non-Federal form does not present a reason for the labo- ratory to reject the specimen for testing or for an MRO to cancel the result. (2) Te use of the non-Federal form is a
“correctable flaw.” As an MRO, to correct the problem you must follow the proce- dures of §40.205(b)(2).
§ 40.47 ❚ spring 2015
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