Editorial Note on Part 26
Editorial Note: Nomenclature changes to part 26 appear at 87 FR 71455, Nov. 22, 2022.

§ 26.85 Collector qualifications and responsibilities. ( a ) *Collector qualifications.* Each collector shall be knowledgeable of the requirements of this part and the FFD policy and procedures of the licensee or other entity for whom collections are performed, and shall keep current on any changes to the collection procedures for each specimen the individual is qualified to collect under this part. Each collector shall receive qualification training that meets the requirements of this paragraph and demonstrate proficiency in applying the requirements of this paragraph before serving as a collector. At a minimum, qualification training must provide instruction on the following subjects: ( 1 ) All steps necessary to complete a collection correctly and the proper completion and transmission of the Federal CCF;
( 2 ) Methods to address “problem” collections, including, but not limited to: ( i ) Inability to provide a specimen (*e.g.,* “shy bladder” for a urine specimen, “shy lung” for a breath specimen, dry mouth for an oral fluid specimen); and
( ii ) Attempts to tamper with a specimen;
( 3 ) Operation of the particular specimen collection or alcohol testing device(s) (*e.g.,* alcohol screening device (ASD), EBT, oral fluid) to be used, consistent with the most recent version of the manufacturers' instructions;
( 4 ) How to correct problems in collections; and
( 5 ) The collector's responsibility for maintaining the integrity of the specimen collection process, carefully ensuring the modesty and privacy of the donor, and avoiding any conduct or remarks that might be construed as accusatorial or otherwise offensive or inappropriate, and the specimen transfer process, if applicable.
( b ) *Alternative collectors.* A medical professional, technologist, or technician may serve as a collector without meeting the collector qualification requirements in paragraphs (a) or (b) of this section, as applicable, only if all of the following conditions are met: ( 1 ) A collector who meets the requirements of paragraph (a) of this section cannot reasonably be made available at the time the collection must occur;
( 2 ) The individual is not employed by the licensee's or other entity's FFD program and his or her normal workplace is not at the licensee's or other entity's facility;
( 3 ) The individual does not routinely provide FFD program services to the licensee or other entity;
( 4 ) The individual is licensed or otherwise approved to practice in the jurisdiction in which the collection occurs; and
( 5 ) The individual is provided with detailed, clearly-illustrated, written instructions for collecting specimens under this subpart and follows those instructions.
( c ) *Personnel available to testify at proceedings.* The licensee or other entity shall ensure that qualified collection site personnel, when required, are available to testify in an administrative or disciplinary proceeding against an individual when that proceeding is based on positive drug or alcohol test results or adulterated or substituted test results from specimens collected by or under contract to the licensee or other entity.
( d ) *Files.* Collection site personnel files must include each individual's resume of training and experience; certification or license, if any; references; job descriptions; records of performance evaluations and advancement; incident reports, if any; results of tests to establish employee competency for the position he or she holds, including, but not limited to, certification that collectors are proficient in administering alcohol tests consistent with the most recent manufacturer's instructions for the instruments and devices used; and appropriate data to support determinations of honesty and integrity conducted under § 26.31(b).
[73 FR 17176, Mar. 31, 2008, as amended at 87 FR 71456, Nov. 22, 2022]