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Split specimen is a mandatory step in any Department of Transportation urine or oral-fluid collection under 49 CFR Part 40.
Scope
All parties who conduct drug tests required by the Department of Transportation must follow Part 40 procedures for collecting a split specimen.
Regulatory citations
- None
Key definitions
- Split specimen: The result of dividing one urine or oral-fluid sample into two testing bottles for the lab.
Summary of requirements
Drivers observe the collector separating their samples into two bottles. The driver initials the tamper-evident seals as a witness that both bottles are from the collection during that visit. The following are the two primary uses of a split specimen.
Split specimen used instead of primary specimen. Incoming specimens are processed by the lab using the protocols outlined in 40.83. One item that is checked for is the leaking of the bottles. If the primary specimen cannot be tested because of leakage or the seal was broken, the split specimen may be redesignated as the primary specimen to be tested. This is only a possibility if the lab believes a sufficient amount of the sample exists in the split specimen to conduct all the appropriate primary laboratory testing.
Split specimen retesting. The split specimen requirement safeguards the driver’s right of due process. In the event of a positive, substituted, or adulterated result, the driver will be notified of the result. When the MRO deems the test a violation through the verification process, the driver has 72 hours following notification of the violation to request a retest of the split specimen to prove an error by the lab.
If the driver requests that the split specimen be tested, the test must be performed regardless. An employer cannot make it contingent upon the driver paying for the test up front. The driver may be asked to compensate the employer after the fact, but it cannot delay the test.
The original lab will receive a letter from the MRO to send the split specimen to another HHS-approved lab for analysis. The result of the split specimen becomes the test of record.