§40.69 How is a monitored collection conducted?

Also applies to:

• §40.67 When and how is a directly observed collection conducted?

Question: Can the monitor (or direct observer) of a collection be a co-worker or immediate supervisor of the employee?

Answer:

• The immediate supervisor of a particular employee may not act as the collector when that employee is tested, unless no other collector is available and the supervisor is permitted to do so under a DOT operating administration’s drug and alcohol regulation.
• The immediate supervisor may act as a monitor or observer (if same gender) if there is no alternate method at the collection site to conduct a monitored or observed collection.
• An employee who is in a safety-sensitive position and subject to the DOT drug testing rules should not be a collector, an observer, or a monitor for co-workers who are in the same testing pool or who work together with that employee on a daily basis.