top of page

Status of 1st Specimen if Donor Refuses Direct Observation

September 1, 2001

Third-Party Administrator, Urine Collector

Direct Observation, Problematic Collections, Refusal-To-Test

Part 40 directs the collector to discard the first specimen if the temperature was out of range or the specimen showed signs of tampering and the employee refused to provide a second specimen under direct observation. The Urine Specimen Collection Guidelines [at Section 8, Directly Observed Collection, Number 7] indicate that, in such a situation, the first specimen should be retained and sent to the laboratory. Which requirement is correct?

Answer
  • When a specimen is out of temperature range or shows signs of tampering and the employee refuses to provide a second specimen under direct observation, it is considered a refusal to test. The collector does not retain the first specimen, but discards it.
  • The requirement in the Urine Specimen Collection Guidelines, Version 1.0, to retain the specimen and send it to the laboratory, was inserted inadvertently.
  • Urine Specimen Collection Guidelines, Version 1.01, contain the proper procedures as directed by 40.65.
Question

© 2026 Cahill Swift, LLC

bottom of page