10-144 C.M.R. ch. 265, § 2 - COLLECTION AND STORAGE OF SAMPLES

A. For all testing allowed under this rule, the specimen to be collected must be the employee's or applicant's urine, oral fluids, hair or sweat, except that, as provided by 26 MRS §683(5), employees may request that a blood sample be collected for testing for alcohol and cannabis metabolites, provided that a laboratory is available to the employer or applicant which is in compliance with all other sections of this rule concerning laboratories, and which offers testing for alcohol or cannabis metabolites in compliance with this rule. If such a blood sample is requested, the employer may not test any other sample for alcohol or cannabis metabolites.

1. The collection of any sample for use in a substance use test must be conducted in a medical facility and supervised by a physician licensed under 32 MRS chapter 36 or 48, or a nurse licensed under 32 MRS chapter 31. A medical facility includes a first aid station located at the work site.

2. An employer may not require an employee or applicant to remove any clothing for the purpose of collecting a urine sample, except that an employer may require that an employee or applicant leave any personal belongings other than clothing, and any unnecessary coat, jacket or similar outer garments outside the collection area.

3. No employee or applicant may be required to provide a urine sample while being observed, directly or indirectly, by another individual.

4. Urine samples must be collected in new, clean containers manufactured for the purpose of urine collection. If the employer's policy calls for specimen assessment, the person in charge of collection, may, in the presence of the test subject, measure the temperature of the specimen within three minutes of voiding and the pH of the specimen, and evaluate the color and odor of the specimen. The container must be sealed and labeled immediately after collection and specimen assessment in a manner which will prevent or reveal tampering with the specimen. Seals must cover the cap and extend over the sides of the container and be initialed by the employee or applicant being tested. The specimen container must be clearly and indelibly labeled with the date and time of collection and the name or other identifier associated with the person from whom the specimen was obtained. Sealing and labeling must occur under the observation of the employee or applicant being tested.

5. Blood specimens, where allowed, must be collected in new vacuum-activated blood collection tubes, with such preservatives as may be specified by the testing laboratory, and must be sealed with tamper proof seals, covering the cap and extending over the sides of the container. Blood samples must be collected by a qualified person in accordance with 26 MRS §683(5)(B). Each specimen container must be clearly and indelibly labeled with the date and time of collection and the name or other identifier associated with the person from whom the specimen was obtained. Sealing and labeling must occur under the observation of the employee or applicant being tested.

6. Oral fluid specimens must be collected in new, clean containers manufactured for the purpose of oral fluid collection. The container must be sealed and labeled immediately after collection in a manner that will prevent or reveal tampering with the specimen. Seals must cover the cap and extend over the sides of the container and be initialed by the employee or applicant being tested. The specimen container must be clearly and indelibly labeled with the date and time of collection and the name or other identifier associated with the person from whom the specimen was obtained. Sealing and labeling must occur under the observation of the employee or applicant being tested.

7. Hair specimens must be collected in new, clean containers manufactured for the purpose of hair specimen collection. The container must be sealed and labeled immediately after collection in a manner that will prevent or reveal tampering with the specimen. Seals must cover the top of the container and extend over the sides of the container and be initialed by the employee or applicant being tested. The specimen container must be clearly and indelibly labeled with the date and time of collection and the name or other identifier associated with the person from whom the specimen was obtained. Sealing and labeling must occur under the observation of the employee or applicant being tested. Hair specimens must be collected using head hair, unless head hair is not available or is not at least one and a half inches long. In those cases, a urine specimen must be collected.

8. Sweat patch specimens must be collected using a patch that has been specifically manufactured for sweat specimen collection. The sweat patch must be sealed within a container and labeled immediately after collection in a manner that will prevent or reveal tampering with the specimen. Seals must cover the top of the container and extend over the sides of the container and be initialed by the employee or applicant being tested. The specimen container must be clearly and indelibly labeled with the date and time of collection and the name or other identifier associated with the person from whom the specimen was obtained. Sealing and labeling must occur under the observation of the employee or applicant being tested.

B. Immediately upon collection of each sample, a chain of custody record must be established for that sample, indicating the identity of each person having control over the sample and the times and dates of all transfers or other actions pertaining to the sample. If warranted due to the volume of testing, chain of custody records may be maintained in a log book or other custody form for multiple specimens, provided the identity of each specimen can be documented.

1. Samples must be transported or shipped promptly to the testing laboratory in a secure fashion, so as to prevent tampering.

2. At the request of the employee or applicant, a portion of the sample collected, sealed and labeled in accordance with this rule, must be segregated for that person's own testing. This sample must be stored and chain of custody must be maintained as provided above. If the employer does not have the capability to store segregated samples for the necessary time period, such storage may be arranged with the licensed testing laboratory performing the employer's analyses, provided that all chain of custody and security requirements are otherwise met. Within five days after notice of the test results is given to the employee or applicant, the employee or applicant must notify the employer of the testing laboratory selected for that person's own testing. The laboratory so selected must comply with all the requirements of this rule relating to testing laboratories. The employer or the employer's laboratory must promptly send the segregated portion of the specimen to the selected laboratory, subject to the same chain of custody and security requirements as observed for the employer's specimen.

Notes

10-144 C.M.R. ch. 265, § 2