Editorial Note on Part 40
Editorial Note: Nomenclature changes to part 40 appear at 73 FR 33329, June 12, 2008.

§ 40.35 What training requirements must a collector meet for oral fluid collection? To be permitted to act as an oral fluid collector in the DOT drug testing program, you must meet each of the requirements of this section: ( a ) *Basic information.* You must be knowledgeable about this part, the current “DOT Oral Fluid Specimen Collection Procedures Guidelines,” and DOT agency regulations applicable to the employers for whom you perform collections. DOT agency regulations, guidelines, and other materials are available from ODAPC (Department of Transportation, 1200 New Jersey Avenue SE, Washington DC, 20590, 202-366-3784, or on the ODAPC website (*https://www.transportation.gov/odapc*). You must keep current on any changes to these materials. You must subscribe to the ODAPC list-serve at: *https://www.transportation.gov/odapc/get-odapc-email-updates .*
( b ) *Qualification training.* You must receive qualification training meeting the requirements of this paragraph (b). Qualification training must provide instruction on the following subjects: ( 1 ) Training on the testing procedures of this part;
( 2 ) Training to proficiency in the operation of the particular oral fluid collection device(s) you will be using.
( 3 ) All steps necessary to complete a collection correctly and the proper completion and transmission of the CCF;
( 4 ) “Problem” collections (*e.g.,* situations like “dry mouth” and attempts to tamper with a specimen);
( 5 ) Fatal flaws, correctable flaws, and how to correct problems in collections; and
( 6 ) The collector's responsibility for maintaining the integrity of the collection process, ensuring the privacy of employees being tested, ensuring the security of the specimen, and avoiding conduct or statements that could be viewed as offensive or inappropriate.
( c ) *Initial proficiency demonstration.* Following your completion of qualification training under paragraph (b) of this section, you must demonstrate proficiency in collections under this part by completing five consecutive error-free mock collections for each device you will use. ( 1 ) The five mock collections for each device must include one uneventful collection scenario, one insufficient specimen quantity scenario; one scenario in which the employee has something in their mouth that might interfere with the collection; one scenario in which the employee attempts to tamper with the specimen; and one scenario in which the employee refuses to sign the CCF. For each of the five mock collections, the collector must check the expiration date of the device, show it to the employee, and record the date on the CCF used. The collector must ensure, when applying the labels, they do not cover the expiration dates.
( 2 ) Another person must monitor and evaluate your performance, in person or by a means that provides real-time observation and interaction between you and the qualified collector, who must attest in writing that the mock collections are “error-free.” This person must be a qualified collector who has demonstrated necessary knowledge, skills, and abilities by— ( i ) Regularly conducting DOT drug test collections for a period of at least one year;
( ii ) Conducting collector training under this part for at least one year; or
( iii ) Successfully completing a “train the trainer” course.
( d ) *Schedule for qualification training and initial proficiency demonstration.* You must meet the requirements of paragraphs (b) and (c) of this section before you begin to perform collector functions.
( e ) *Refresher training.* No less frequently than every five years from the date on which you satisfactorily complete the requirements of paragraphs (b) and (c) of this section, you must complete refresher training that meets all the requirements of paragraphs (b) and (c).
( f ) *Error correction training.* If you make a mistake in the collection process that causes a test to be cancelled (*i.e.,* a fatal or uncorrected flaw), you must undergo error correction training. This training must occur within 30 days of the date you are notified of the error that led to the need for retraining. ( 1 ) Error correction training must be provided and your proficiency documented in writing by a person who meets the requirements of paragraph (c)(2) of this section.
( 2 ) Error correction training is required to cover only the subject matter area(s) in which the error that caused the test to be cancelled occurred.
( 3 ) As part of the error correction training, you must demonstrate your proficiency in the collection procedures of this part by completing three consecutive error-free mock collections. The mock collections must include one uneventful scenario and two scenarios related to the area(s) in which your error(s) occurred. The person providing the training must monitor and evaluate your performance and attest in writing that the mock collections were “error-free.”
( g ) *Documentation.* You must maintain documentation showing that you currently meet all requirements of this section. You must provide this documentation on request to DOT agency representatives and to employers and C/TPAs who are using or negotiating to use your services.
[88 FR 27638, May 2, 2023]