Drug and Alcohol Testing Q&A - 2008

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Re: Can a union representative be present during the collection process?

From: g woodall
Password: orange
Date: 25 Feb 2008
Time: 11:56:33 -0800
Remote Name: 199.227.125.3

Comments

I agree with your concerns (but additionally do not wish to delay collection to allow for a meeting in my office).  Unless properly challenged, I do not allow others past the lobby.  However note that DOT regulations 40.43(e)(1) provide the always (even non-DOT) applicable policy:  For any part of the collection, ONLY the donor, collector, collection site workers, DERs, employer authorized representatives (by policy or collective bargaining agreement - possibly including a union rep) and DOT representatives are allowed to be present.  (And of course only the donor and, if observed, the collector/observed is allowed in the urination area.)  Should I be required to allow anyone back, I caution they must remain silent, to the side, and not touch anything or they will be ejected for interfering with the collection process.  Never delay the process nor eject the donor.  Instead, warn him or her that if should he chose to leave with an ejected other.  Should it be an recurring event and encumbrance to you, an option is forgoing that business.