Once the Collection Process is Initiated the Donor/Driver CANNOT Leave
the Collection Site until the Collection is Completed or it’s a REFUSAL!!

While infrequent, the fact that drivers sometimes leave a collection site without a qualified collection is very disturbing. Over the past few months we were notified several times of seperate events where a donor (Owner-Operator or Company Driver) left a collection site once the collection process was started and before it was completed. We cannot articulate enough the importance that the donor does not leave the collection site until the collection is complete and the donor has been given their copies of the testing forms.

If a donor leaves the collection site prior to the completion of the collection it is up to the collector to document the collection as a “refusal”. Once constituted as a “refusal”, the same regulations apply as a “positive” result. We will be dedicating the next few articles to address various situations such as insufficient volume, insufficient saliva or breath, shy bladder or lung and cold specimen procedures.

The following questions should help to clarify these situations:
1.) Question: I went to the collection site to do my random test in the afternoon and could not provide enough urine. The collector said I had to stay, but I needed to leave to pick up my kids from school. The collector told me if I left it would be documented as a refusal?

Answer: That is correct; once the testing process has been initiated the donor must remain at the collection site until the process has been completed. This is why it is extremely important that every donor allows themselves at least a 3-hour time frame to complete the collection. In fact, there are some collection sites that will not start the process if they do not have ample time to allow for the 3-hour time frame before closing time.

2.) Question: I have gone to the collection site for a urine collection and they made me wait for over an hour. What is the rule for how long they can make someone wait?

Answer: There is not a specific time frame outlined in the DOT regulations. Collection facilities are encouraged to take donors as soon as possible, taking into consideration the donor may have a full bladder and the consequences of having to wait up to 3-hours should they have to void before the collection process and therefore not have enough volume to complete the initial collection. Ideally, the employer is encouraged to contact the collection site and pre-schedule the testing, but either way we do encourage owner-operators or employers to call ahead to the collection site to be sure they are not not short staffed, extremely busy, have a Breath Alcohol Technician available or any other situations that may arise to cause a delay in the waiting time.

3.) Question: What is an Insufficient Volume for a Drug Screen Collection?

Answer: A donor is required to provide at least (45 ml.) of urine on the first attempt of a urine drug screen collection. In the situation where a donor can not provide enough volume, it is very important that the donor and employer understands what is required.
The collector is required to discard the insufficient sample, unless the specimen was out of temperature range or showed evidence of adulteration or tampering.

The donor should be urged to drink up to 40 oz. of fluid distributed reasonably throughout a period of up to t3-hours or until the donor has provided a sufficient amount. The donor must make an attempt to provide a new specimen within the 3-hour period.

If the donor is unable to provide a specimen in the allotted time, the collector must discontinue the collection process, document the information on the CCF and contact the Designated Employer Representative (DER). The collector is to fax the information to the MRO and the DER within 24-hours or the next business day.

As the DER, once the collector has notified you, after consulting with the MRO, you are to direct the donor/driver employee to obtain, within 5-days, an evaluation from a licensed physician, acceptable to the MRO. A physician who has expertise in the medical issues raised by the employee’s failure to provide a sufficient specimen.

If there is not adequate basis for determining that a medical condition has, or with a high degree of probability could have, precluded the employee from providing a sufficient amount of urine, the MRO must deem the test to be a refusal. Also refer to regulations §40.193 for further clarification.

4.) Question: What is an Insufficient Amount of Saliva for an Alcohol Screen Test?

Answer: Under the DOT regulations, it is allowable to except a saliva test for alcohol screening, but there are certain provisions that must be made in the case of insufficient amount or a positive result.

In the case of an insufficient amount of saliva and the donor has not refused to provide a new screening and the collector has conducted a new screening test using a new screening device, the collector would make the notes in the remarks line of the Alcohol Testing Form and contact the Designated Employer Representative (DER).

As the DER, once you have been notified of either an insufficient amount of saliva or a positive saliva test result, you must immediately arrange for an alcohol test to be administered to the donor using an Evidential Breath Testing (EBT) or other breath testing device.

Due to this confirmation requirement, the employer must ensure there is a collection site that provides an EBT or breath testing device within 30 minutes of the initial saliva test. It is also extremely important that provisions are made to transport the donor to the alternative site. The donor is not to drive since there is now the possibility being under the influence of alcohol. Also refer to regulations §40.263 for further clarification.

5.) Question: What is an Insufficient Amount of Breath for an Alcohol Test?

Answer: If a donor does not provide a sufficient amount of breath to permit a valid breath test, the collector must instruct the donor to attempt again and the proper way to do so. If after a second attempt the donor still has not provided a sufficient amount of breath, the collector may provide another opportunity if the collector believes a strong likelihood the donor could provide enough volume.

If the donor’s attempts still fail, the collector must make the notes on the Alcohol Testing Form and contact the Designated Employer Representative (DER).

As the DER, once you have been notified by the collector you are to direct the donor/employee to obtain, within 5 days, an evaluation from a licensed physician, who is acceptable to you and who has expertise in the medical issues raised by the employee’s failure to provide a sufficient specimen.

If there is not adequate basis for determining that a medical condition has, or with a high degree of probability could have, precluded the donor from providing a sufficient amount of breath, this constitutes a refusal to test. Also refer to regulations §40.265 for further clarification.

Remember, our qualified C-DATA staff encourage and welcome your inquires!

Respectfully,

Lonnie Johnson
AADT Operations Director