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Saturday, July 05, 2014

Collectors' 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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Posted By: STS  First @ 10:40:23 AM

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