**§40.73; §40.193 09/01**

**QUESTION:**

What is the preferred method for the collector to get the MRO copy of
the CCF to the MRO?

**ANSWER:**

> • The promptness of reporting suffers when the mail is used to convey
> the MRO copy from the collection site.
>
> • Even though we permit other means (e.g., overnight courier service)
> of transmitting MRO copies from the collection site to the MRO,
> collectors should fax the MRO copies when possible.
>
> • If the faxed copy is not legible, the MRO must request another faxed
> copy or a hard copy.

**§40.191; §40.193 09/01**

**QUESTION:**

Do collectors sign the CCF in situations in which a urine specimen is
not provided during a collection (i.e., a refusal to provide a specimen;
a shy bladder situation)?

**ANSWER**:

> • In any such case, the collector would check the box in Step 2 of the
> CCF indicating that no specimen was provided and enter an explanatory
> remark.
>
> • The collector would then provide his or her name and signature in
> Step 4 of the CCF.
>
> • The employee's name and phone number should be included on the MRO
> copy.
>
> • The collector would then transmit the CCF copies to the appropriate
> parties (e.g., employer, MRO).

**§40.193; §40.43 09/01**

**QUESTION:**

Generally, only one collector is supposed to supervise a collection for
an employee. However, given the time span involved, it is possible that
two collectors could be involved in a shy bladder collection (e.g.,
because of a shift change during the three-hour period between the first
and second collection attempts). How should this be handled?

**ANSWER**:

> • In this situation, it is permissible for one collector to turn the
> process over to another collector to complete the collection.
>
> • The first collector would document the start time for the 3-hour
> period. The second would provide his or her name and signature after
> the second collection, as the collector of record. The Remarks line
> (Step 2 of the CCF) would be used to document the transition
> (including the first collector's name and the start time for the shy
> bladder procedure).

**§§40.193; 40.265 01/02**

**QUESTION:**

Do the five days within which an employee is given to obtain a medical
evaluation after providing an insufficient amount of urine or breath
include holidays and weekends, or does this refer to five business days?

**ANSWER:**

> • The five-day limit for obtaining an examination by a licensed
> physician refers to business days.
>
> • Therefore, holidays and weekend days should not be included in the
> 5-day time frame.

**§40.193 07/08**

**QUESTION:**

Are there any circumstances for which an employee should be given more
than 3 hours and 40 ounces of fluids to provide a sufficient amount of
urine during a collection?

**ANSWER:**

> • No. The Department sees no situations for which an employee should
> be given more than 3 hours and offered more than 40 ounces of fluids
> to provide a sufficient amount of urine after the "first unsuccessful
> attempt" to do so \[see §40.193(b)(4)\].
>
> • The Department regards the "first unsuccessful attempt" to be very
> first time the employee comes out of the urination area with less than
> 45 mL of urine.
>
> • This is true about the "first unsuccessful attempt" even if a
> subsequent attempt during the three-hour period requires an immediate
> collection under direct observation because the specimen is outside
> the appropriate temperature range or shows signs of tampering \[see
> §40.65(b)&(c)\].
>
> • For example: An employee presents an insufficient amount of urine at
> noon and is urged by the collector to drink up to 40 ounces of fluid
> distributed through a period of up to 3 hours (3 o'clock, in this
> example).
>
> \-- At 2 o'clock, the employee indicates that he or she can now
> provide the specimen, enters the collection area, but returns with a
> specimen outside the acceptable temperature range.
>
> \-- The collector immediately conducts an observed collection, but the
> employee -- for the second time during this collection event, which
> began at noon -- provides less than 45 mL of urine.
>
> \-- The employee has up to 3 o'clock and any remaining fluids to
> provide an adequate amount of urine under direct observation: The
> employee is [not]{.underline} given an additional three hours and is
> [not]{.underline} offered an additional 40 ounces of fluids.
>
> \-- If the employee ultimately fails to provide a sufficient amount of
> urine during the remaining time, the collector discontinues the
> collection, discards any specimen the employee previously provided,
> appropriately documents the CCF, and immediately notifies the DER and
> the MRO -- following the requirements at **§**40.193(b)(4) and (b)(5).

**§40.193 07/08**

**QUESTION:**

Must a test result be cancelled by the MRO when it is discovered the
employee did not have a full three hours to provide a sufficient amount
of urine?

**ANSWER:**

> • Not affording the employee a full three hours to provide a specimen
> is not automatically a basis for the MRO to cancel a test.
>
> • The three hour time period is a maximum rather a minimum. But, to
> avoid potential issues about the fairness of the collection,
> collectors are advised to provide the full three hours.
>
> • In each of the following examples, the collector could stop the
> collection process, thoroughly document the details and times on Copy
> 2 of the CCF, and inform the DER of the employee's inability to
> provide a sufficient amount of urine:
>
> \-- After 2 hours and 50 minutes, the employee informs the collector
> there is no reason to try again because he or she will not be able to
> provide a specimen. The collector terminates the collection.
>
> \-- After 2 hours and 50 minutes, the employee requests to try again
> but provides another insufficient amount of urine. The collector
> terminates the collection because there is no practical possibility
> that the employee will provide the requisite amount in the next 10
> minutes.
>
> • In each of these two examples, the employee has had a fair
> opportunity to provide 45 mL of urine, and the test should not be
> cancelled because the full three-hour period was not used.
>
> • The medical evaluation should be conducted to determine if there is
> a legitimate physiological condition or psychological disorder
> explanation for the employee's inability to provide the requisite
> amount of urine.
>
> • In situations where it appears the employee was [not]{.underline}
> provided a fair opportunity to provide the requisite amount of urine,
> the MRO could cancel the test.
>
> \-- For example, the collector terminates a collection after two hours
> because the collection site is closing and all collectors are leaving.
>
> • Please note that it remains a refusal to test if the employee leaves
> the collection site without permission.