Support Center

In DOT-regulated drug tests, a second, directly observed collection is mandatory when the first urine collection ends abnormally, for example because the temperature is out of range or tampering is suspected (49 CFR 40.67). The observer must be the same gender as the donor, and an opposite-gender observer is never permitted (49 CFR 40.67(g)). The observer may be someone other than the collector and does not need to be a qualified collector, but must follow the observation procedure.

If a same-gender observer is not available, the observed collection cannot proceed at your site. Alternatives, such as oral fluid testing, may be considered only under the employer's standing orders or after consulting the Designated Employer Representative (DER). If you can send the donor to another Med-Stop location, see Transfer a required observed collection.

Med-Stop procedure

When a second observed collection is not possible and no alternative is available:

1. Conduct the primary urine collection. If it ends abnormally, start the second, observed collection.
2. Click Observation not possible in Med-Stop. This notifies the DER, adds remarks to the case, and lets you print the Donor Notification Form.
3. Immediately inform the DER and record the situation in Med-Stop.
4. Tell the donor that the observed collection cannot be done here because no same-gender observer is available, and that it must be completed without delay at the location the DER arranges. Med-Stop's procedure allows 3 hours; if the observed collection is not completed, it is documented as a refusal to test.

What the DER notification says

The notification explains that the primary collection met the DOT requirements for a second, observed collection, but that the current location has no same-gender observer. It advises the DER to arrange an alternative directly observed collection within the same time frame.

Only the employer can make the final decision that an employee refused a test (49 CFR 40.355(i)). The collector documents what happened and notifies the DER (49 CFR 40.191(d)).