(a) If you are a service agent, DOT sends notices to you, including correction notices, notices of proposed exclusion, decision notices, and other notices, in any of the ways mentioned in paragraph (b) or (c) of this section.
(b) DOT may send a notice to you, your identified counsel, your agent for service of process, or any of your partners, officers, directors, owners, or joint venturers to the last known street address, fax number, or e-mail address. DOT deems the notice to have been received by you if sent to any of these persons.
(c) DOT considers notices to be received by you--
(1) When delivered, if DOT mails the notice to the last known street address, or five days after we send it if the letter is undeliverable;
(2) When sent, if DOT sends the notice by fax or five days after we send it if the fax is undeliverable; or
(3) When delivered, if DOT sends the notice by e-mail or five days after DOT sends it if the e-mail is undeliverable.
Sec. Appendix A to Part 40--DOT Standards for Urine Collection Kits
The Collection Kit Contents
1. Collection Container
a. Single-use container, made of plastic, large enough to easily catch and hold at least 55 mL of urine voided from the body.
b. Must have graduated volume markings clearly noting levels of 45 mL and above.
c. Must have a temperature strip providing graduated temperature readings 32-38 [deg]C/90-100 [deg]F, that is affixed or can be affixed at a proper level on the outside of the collection container. Other methodologies (e.g., temperature device built into the wall of the container) are acceptable provided the temperature measurement is accurate and such that there is no potential for contamination of the specimen.
d. Must be individually wrapped in a sealed plastic bag or shrink wrapping; or must have a peelable, sealed lid or other easily visible tamper-evident system.
e. May be made available separately at collection sites to address shy bladder situations when several voids may be required to complete the testing process.
2. Plastic Specimen Bottles
a. Each bottle must be large enough to hold at least 35 mL; or alternatively, they may be two distinct sizes of specimen bottles provided that the bottle designed to hold the primary specimen holds at least 35 mL of urine and the bottle designed to hold the split specimen holds at least 20 mL.
b. Must have screw-on or snap-on caps that prevent seepage of the urine from the bottles during shipment.
c. Must have markings clearly indicating the appropriate levels (30 mL for the primary specimen and 15 mL for the split) of urine that must be poured into the bottles.
d. Must be designed so that the required tamper-evident bottle seals made available on the CCF fit with no damage to the seal when the employee initials it nor with the chance that the seal overlap would conceal printed information.
e. Must be wrapped (with caps) together in a sealed plastic bag or shrink wrapping separate from the collection container; or must be wrapped (with cap) individually in sealed plastic bags or shrink wrapping; or must have peelable, sealed lid or other easily visible tamper-evident system.
f. Plastic material must be leach resistant.
3. Leak-Resistant Plastic Bag
a. Must have two sealable compartments or pouches which are leak-resistant; one large enough to hold two specimen bottles and the other large enough to hold the CCF paperwork.
b. The sealing methodology must be such that once the compartments are sealed, any tampering or attempts to open either compartment will be evident.
4. Absorbent material
Each kit must contain enough absorbent material to absorb the entire contents of both specimen bottles. Absorbent material must be designed to fit inside the leak-resistant plastic bag pouch into which the specimen bottles are placed.
5. Shipping Container
a. Must be designed to adequately protect the specimen bottles from shipment damage in the transport of specimens from the collection site to the laboratory (e.g., standard courier box, small cardboard box, plastic container).
b. May be made available separately at collection sites rather than being part of an actual kit sent to collection sites.
c. A shipping container is not necessary if a laboratory courier hand-delivers the specimen bottles in the plastic leak-proof bags from the collection site to the laboratory.
Sec. Appendix B to Part 40--DOT Drug Testing Semi-Annual Laboratory
Report to Employers
The following items are required on each laboratory report:Reporting Period: (inclusive dates)Laboratory Identification: (name and address)Employer Identification: (name; may include Billing Code or ID code)C/TPA Identification: (where applicable; name and address)1. Specimen Results Reported (total number)By Test Reason(a) Pre-employment (number)(b) Post-Accident (number)(c) Random (number)(d) Reasonable Suspicion/Cause (number)(e) Return-to-Duty (number)(f) Follow-up (number)(g) Type of Test Not Noted on CCF (number)2. Specimens Reported(a) Negative (number)(b) Negative and Dilute (number)3. Specimens Reported as Rejected for Testing (total number)By Reason(a) Fatal flaw (number)(b) Uncorrected Flaw (number)4. Specimens Reported as Positive (total number) By Drug(a) Marijuana Metabolite (number)(b) Cocaine Metabolite (number)(c) Opiates (number)(1) Codeine (number)(2) Morphine (number)(3) 6-AM (number)(d) Phencyclidine (number)(e) Amphetamines (number)(1) Amphetamine (number)(2) Methamphetamine (number)(3) MDMA (number)(4) MDA (number)(5) MDEA (number)5. Adulterated (number)6. Substituted (number)7. Invalid Result (number) [75 FR 49863, Aug. 16, 2010]
Sec. Appendix C to Part 40--DOT Drug Testing Semi-Annual Laboratory
Report to DOT
Mail, fax, or e-mail to: U.S. Department of Transportation, Office of Drug and Alcohol Policy and Compliance, W62-300, 1200 New Jersey Avenue, SE., Washington, DC 20590. Fax: (202) 366-3897. E-mail: ODAPCWebMail@dot.gov.
The following items are required on each report:Reporting Period: (inclusive dates)Laboratory Identification: (name and address)1. DOT Specimen Results Reported (total number)2. Negative Results Reported (total number)Negative (number)Negative-Dilute (number)3. Rejected for Testing Results Reported (total number)By Reason(a) Fatal flaw (number)(b) Uncorrected Flaw (number)4. Positive Results Reported (total number)By Drug(a) Marijuana Metabolite (number)(b) Cocaine Metabolite (number)(c) Opiates (number)(1) Codeine (number)(2) Morphine (number)(3) 6-AM (number)(d) Phencyclidine (number)(e) Amphetamines (number)(1) Amphetamine (number)(2) Methamphetamine (number)(3) MDMA (number)(4) MDA (number)(5) MDEA (number)5. Adulterated Results Reported (total number)By Reason (number)6. Substituted Results Reported (total number)7. Invalid Results Reported (total number)By Reason (number) [75 FR 49864, Aug. 16, 2010]
Sec. Appendix D to Part 40--Report Format: Split Specimen Failure To
Reconfirm
Mail, fax, or submit electronically to: U.S. Department of Transportation, Office of Drug and Alcohol Policy and Compliance, W62-300, 1200 New Jersey Avenue, SE., Washington, DC 20590, Fax: (202) 366-3897, Submit Electronically: http://www.dot.gov/ost/dapc/mro_split.html.
The following items are required on each report:
1. MRO name, address, phone number, and fax number.
2. Collection site name, address, and phone number.
3. Date of collection.
4. Specimen I.D. number.
5. Laboratory accession number.
6. Primary specimen laboratory name, address, and phone number.
7. Date result reported or certified by primary laboratory.
8. Split specimen laboratory name, address, and phone number.
9. Date split specimen result reported or certified by split specimen laboratory.
10. Primary specimen results (e.g., name of drug, adulterant) in the primary specimen.
11. Reason for split specimen failure-to-reconfirm result (e.g., drug or adulterant not present, specimen invalid, split not collected, insufficient volume).
12. Actions taken by the MRO (e.g., notified employer of failure to reconfirm and requirement for recollection).
13. Additional information explaining the reason for cancellation.
14. Name of individual submitting the report (if not the MRO). [73 FR 35975, June 25, 2008]
Sec. Appendix E to Part 40--SAP Equivalency Requirements for
Certification Organizations
1. Experience: Minimum requirements are for three years of full-time supervised experience or 6,000 hours of supervised experience as an alcoholism and/or drug abuse counselor. The supervision must be provided by a licensed or certified practitioner. Supervised experience is important if the individual is to be considered a professional in the field of alcohol and drug abuse evaluation and counseling.
2. Education: There exists a requirement of 270 contact hours of education and training in alcoholism and/or drug abuse or related training. These hours can take the form of formal education, in-service training, and professional development courses. Part of any professional counselor's development is participation in formal and non-formal education opportunities within the field.
3. Continuing Education: The certified counselor must receive at least 40-60 hours of continuing education units (CEU) during each two year period. These CEUs are important to the counselor's keeping abreast of changes and improvements in the field.
4. Testing: A passing score on a national test is a requirement. The test must accurately measure the application of the knowledge, skills, and abilities possessed by the counselor. The test establishes a national standard that must be met to practice.
5. Testing Validity: The certification examination must be reviewed by an independent authority for validity (examination reliability and relationship to the knowledge, skills, and abilities required by the counseling field). The reliability of the exam is paramount if counselor attributes are to be accurately measured. The examination passing score point must be placed at an appropriate minimal level score as gauged by statistically reliable methodology.
6. Measurable Knowledge Base: The certification process must be based upon measurable knowledge possessed by the applicant and verified through collateral data and testing. That level of knowledge must be of sufficient quantity to ensure a high quality of SAP evaluation and referral services.
7. Measurable Skills Base: The certification process must be based upon measurable skills possessed by the applicant and verified through collateral data and testing. That level of skills must be of sufficient quality to ensure a high quality of SAP evaluation and referral services.
8. Quality Assurance Plan: The certification agency must ensure that a means exists to determine that applicant records are verified as being true by the certification staff. This is an important check to ensure that true information is being accepted by the certifying agency.
9. Code of Ethics: Certified counselors must pledge to adhere to an ethical standard for practice. It must be understood that code violations could result in de-certification. These standards are vital in maintaining the integrity of practitioners. High ethical standards are required to ensure quality of client care and confidentiality of client information as well as to guard against inappropriate referral practices.
10. Re-certification Program: Certification is not just a one-time event. It is a continuing privilege with continuing requirements. Among these are continuing education, continuing state certification, and concomitant adherence to the code of ethics. Re-certification serves as a protector of client interests by removing poor performers from the certified practice.
11. Fifty State Coverage: Certification must be available to qualified counselors in all 50 states and, therefore, the test must be available to qualified applicants in all 50 states. Because many companies are multi-state operators, consistency in SAP evaluation quality and opportunities is paramount. The test need not be given in all 50 states but should be accessible to candidates from all states.
12. National Commission for Certifying Agencies (NCCA) Accreditation: Having NCCA accreditation is a means of demonstrating to the Department of Transportation that your certification has been reviewed by a panel of impartial experts that have determined that your examination(s) has met stringent and appropriate testing standards. Sec. Appendix F to Part 40--Drug and Alcohol Testing Information that C/
TPAs May Transmit to Employers
1. If you are a C/TPA, you may, acting as an intermediary, transmit the information in the following sections of this part to the DER for an employer, if the employer chooses to have you do so. These are the only items that you are permitted to transmit to the employer as an intermediary. The use of C/TPA intermediaries is prohibited in all other cases, such as transmission of laboratory drug test results to MROs, the transmission of medical information from MROs to employers, the transmission of SAP reports to employers, the transmission of positive alcohol test results, and the transmission of medical information from MROs to employers.
2. In every case, you must ensure that, in transmitting the information, you meet all requirements (e.g., concerning confidentiality and timing) that would apply if the party originating the information (e.g., an MRO or collector) sent the information directly to the employer. For example, if you transmit MROs' drug testing results to DERs, you must transmit each drug test result to the DER in compliance with the requirements for MROs set forth in Sec. 40.167.
Drug Testing Information Sec. 40.25: Previous two years' test resultsSec. 40.35: Notice to collectors of contact information for DERSec. 40.61(a): Notification to DER that an employee is a ``no show''
for a drug testSec. 40.63(e): Notification to DER of a collection under direct
observationSec. 40.65(b)(6) and (7) and (c)(2) and (3): Notification to DER of a
refusal to provide a specimen or an insufficient specimenSec. 40.73(a)(9): Transmission of CCF copies to DER (However, MRO copy
of CCF must be sent by collector directly to the MRO, not
through the C/TPA.)Sec. 40.111(a): Transmission of laboratory statistical report to
employerSec. 40.127(f): Report of test results to DERSec. Sec. 40.127(g), 40.129(d), 40.159(a)(4)(ii); 40.161(b): Reports to
DER that test is cancelledSec. 40.129 (d): Report of test results to DERSec. 40.129(g)(1): Report to DER of confirmed positive test in stand-
down situationSec. Sec. 40.149(b): Report to DER of changed test resultSec. 40.155(a): Report to DER of dilute specimenSec. 40.167(b) and (c): Reports of test results to DERSec. 40.187(a)-(e) Reports to DER concerning the reconfirmation of
testsSec. 40.191(d): Notice to DER concerning refusals to testSec. 40.193(b)(3): Notification to DER of refusal in shy bladder
situationSec. 40.193(b)(4): Notification to DER of insufficient specimenSec. 40.193(b)(5): Transmission of CCF copies to DER (not to MRO)Sec. 40.199: Report to DER of cancelled test and direction to DER for
additional collectionSec. 40.201: Report to DER of cancelled test
Alcohol Testing Information Sec. 40.215: Notice to BATs and STTs of contact information for DERSec. 40.241(b)(1): Notification to DER that an employee is a ``no
show'' for an alcohol testSec. 40.247(a)(2): Transmission of alcohol screening test results only
when the test result is less than 0.02Sec. 40.255(a)(4): Transmission of alcohol confirmation test results
only when the test result is less than 0.02Sec. 40.263(a)(3) and 263(b)(3): Notification of insufficient saliva
and failure to provide sufficient amount of breath [65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41955, Aug. 9, 2001; 73 FR 35975, June 25, 2008]
Sec. Appendix G to Part 40--Alcohol Testing Form
The following form is the alcohol testing form required for use in the DOT alcohol testing program beginning January 1, 2011. Employers are authorized to use the form effective February 25, 2010. [GRAPHIC] [TIFF OMITTED] TR25FE10.001 [GRAPHIC] [TIFF OMITTED] TR25FE10.002 [GRAPHIC] [TIFF OMITTED] TR25FE10.003 [GRAPHIC] [TIFF OMITTED] TR25FE10.004 [GRAPHIC] [TIFF OMITTED] TR25FE10.005 [75 FR 8529, Feb. 25, 2010, as amended at 75 FR 13009, Mar. 18, 2010; 75 FR 38423, July 2, 2010]
Sec. Appendix H to Part 40--DOT Drug and Alcohol Testing Management
Information System (MIS) Data Collection Form
The following form is the MIS Data Collection form required for use beginning in 2011 to report calendar year 2010 MIS data.[GRAPHIC] [TIFF OMITTED] TR25FE10.006 [GRAPHIC] [TIFF OMITTED] TR25FE10.007 [GRAPHIC] [TIFF OMITTED] TR25FE10.008 [GRAPHIC] [TIFF OMITTED] TR25FE10.009 [GRAPHIC] [TIFF OMITTED] TR25FE10.010 [GRAPHIC] [TIFF OMITTED] TR25FE10.011 [GRAPHIC] [TIFF OMITTED] TR25FE10.012 [GRAPHIC] [TIFF OMITTED] TR25FE10.013 [GRAPHIC] [TIFF OMITTED] TR25FE10.014 [GRAPHIC] [TIFF OMITTED] TR25FE10.015 [GRAPHIC] [TIFF OMITTED] TR25FE10.016 [GRAPHIC] [TIFF OMITTED] TR25FE10.017 [75 FR 8535, Feb. 25, 2010]