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Saturday, July 5, 2014Collectors' Permission and Refusal to Test
§§ 40.73; 40.191; 40.193; 40.333; 40.355(i) 07/14
Question:
When may a collector give an employee permission to leave a collection site?
Answer:
• A collector may give an employee permission to leave the collection site only after the testing
process is complete.
o For tests conducted under § 40.73, the testing process is complete when both the
employee and the collector complete the chain of custody form in the order specified in
§ 40.73(a)(1)-(6). At that time, the collector must advise the employee that he or she may
leave the collection site.
o For tests conducted under § 40.193, the testing process is complete only after the
employee has provided a sufficient specimen and the steps in § 40.73(a)(1)-(6) are
complete, or the employee has not provided a sufficient specimen within three hours of
the first unsuccessful attempt to provide a specimen.
• There is no requirement for a collector to inform an employee that the failure to remain at the
collection site is a refusal. Therefore, if the collector does not inform an employee that failure to
remain at the collection site is a refusal, it does not mean that the collector has given the
employee permission to leave the collection site. If an employee leaves prior to the completion of
the testing process, the employer must decide whether the employee’s actions constitute a refusal.
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