Who Can Monitor a DOT Oral Fluid Collector's Mock Collections?

Under 49 CFR 40.35(c)(2), the mock collections of a new oral fluid collector are monitored and evaluated by a qualified oral fluid collector who has demonstrated the necessary knowledge, skills and abilities in one of three ways:

• Regularly conducting DOT oral fluid drug test collections for a period of at least one year
• Conducting oral fluid collector training under Part 40 for at least one year
• Successfully completing an oral fluid train the trainer course

The monitor observes in person or by a means that provides real-time observation and interaction, and attests in writing that the mock collections are error-free. Under 40.35(c)(1), the new collector completes five such mock collections for each device.

Section 40.35(c)(3) sets an interim rule. Until one year after HHS publishes a Federal Register notification of the first certified oral fluid drug testing laboratory, the monitor need not be a qualified oral fluid collector if the person meets 40.35(c)(2)(ii) or (iii). Until that same date, the one-year requirement in 40.35(c)(2)(ii) does not apply. The HHS list of certified laboratories published in the Federal Register on September 30, 2026 states that no laboratories were certified at that time to conduct drug and specimen validity tests on oral fluid specimens.

Under 40.35(f)(1), error correction training for an oral fluid collector is provided by a person who meets 40.35(c)(2). The urine collector rule is covered in Who Can Monitor a DOT Urine Collector's Mock Collections?, and the oral fluid training steps are covered in What Training Does a DOT Oral Fluid Collector Need?.

Learn Laws® offers DOT Oral Fluid Collector Train-the-Trainer. According to the course page, graduates can perform DOT oral fluid collections and train and monitor new collectors.

For employers that want collector training held at their own location, some trainer profiles in the MyDrugTesting.com directory list Onsite Training.