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

§ 40.43 What steps must operators of collection sites and collectors take to protect the security and integrity of urine collections? ( a ) Collectors and operators of collection sites must take the steps listed in this section to prevent unauthorized access that could compromise the integrity of collections.
( b ) As a collector, you must do the following before each collection to deter tampering with specimens: ( 1 ) Secure any water sources or otherwise make them unavailable to employees (*e.g.,* turn off water inlet, tape handles to prevent opening faucets);
( 2 ) Ensure that the water in the toilet is blue;
( 3 ) Ensure that no soap, disinfectants, cleaning agents, or other possible adulterants are present;
( 4 ) Inspect the site to ensure that no foreign or unauthorized substances are present;
( 5 ) Tape or otherwise secure shut any movable toilet tank top, or put bluing in the tank;
( 6 ) Ensure that undetected access (*e.g.,* through a door not in your view) is not possible;
( 7 ) Secure areas and items (*e.g.,* ledges, trash receptacles, paper towel holders, under-sink areas) that appear suitable for concealing contaminants; and
( 8 ) Recheck items in paragraphs (b)(1) through (7) of this section following each collection to ensure the site's continued integrity.
( c ) If the collection site uses a facility normally used for other purposes, like a public rest room or hospital examining room, you must, as a collector, also ensure before the collection that: ( 1 ) Access to collection materials and specimens is effectively restricted; and
( 2 ) The facility is secured against access during the procedure to ensure privacy to the employee and prevent distraction of the collector. Limited-access signs must be posted.
( d ) As a collector, you must take the following additional steps to ensure security during the collection process: ( 1 ) To avoid distraction that could compromise security, you are limited to conducting a collection for only one employee at a time. However, during the time one employee is in the period for drinking fluids in a “shy bladder” situation (see § 40.193(b)), you may conduct a collection for another employee.
( 2 ) To the greatest extent you can, keep an employee's collection container within view of both you and the employee between the time the employee has urinated and the specimen is sealed.
( 3 ) Ensure you are the only person in addition to the employee who handles the specimen before it is poured into the bottles and sealed with tamper-evident seals.
( 4 ) In the time between when the employee gives you the specimen and when you seal the specimen, remain within the collection site.
( 5 ) Maintain personal control over each specimen and CCF throughout the collection process.
( e ) If you are operating a collection site, you must implement a policy and procedures to prevent unauthorized personnel from entering any part of the site in which urine specimens are collected or stored. ( 1 ) Only employees being tested, collectors and other collection site workers, DERs, employee and employer representatives authorized by the employer (*e.g.,* employer policy, collective bargaining agreement), and DOT agency representatives are authorized persons for purposes of this paragraph (e).
( 2 ) Except for the observer in a directly observed collection or the monitor in the case of a monitored collection, you must not permit anyone to enter the urination facility in which employees provide specimens.
( 3 ) You must ensure that all authorized persons are under the supervision of a collector at all times when permitted into the site.
( 4 ) You or the collector may remove any person who obstructs, interferes with, or causes a delay in the collection process.
( f ) If you are operating a collection site, you must minimize the number of persons handling specimens.