DOT Update: Only the Federal Drug Testing Custody and Control Form approved on August 8, 2017 can be used after June 30, 2018

On August 8, 2017, the Office of Management and Budget approved a revised Federal Drug Testing Custody and Control Form (CCF) and authorized the continued use of the `old CCF’ until June 30, 2018.

DOT regulated employers and their service agents (collectors, laboratories, Medical Review Officers) may not use the `old CCF’ for DOT mandated drug test collections after June 30, 2018.

What is the difference between the revised and ‘old’ CCF?

The ‘old’ CCF is the one that has been used under the DOT-regulated program since 2010.  The revised CCF includes the following changes:

In Step 1D:
Removal of the checkbox, the letters “DOT” and hash line in front of the text “Specify DOT Agency”

In Step 5A:
Addition of four new analytes: oxycodone (OXYC), oxymorphone (OXYM), hydrocodone (HYC), and hydromorphone (HYM),
Removal of the analyte methylenedioxyethylamphetamine (MDEA).

What if the `old’ CCF is inadvertently used after June 30, 2018?

If, as a collector, laboratory, MRO, employer, or other person implementing these drug testing regulations, you become aware of the use of a non-Federal form or an expired Federal form, you must provide a signed statement (i.e., a memorandum for the record). It must state that the incorrect form contains all the information needed for a valid DOT drug test, and that the incorrect form was used inadvertently or as the only means of conducting a test, in circumstances beyond your control. The statement must also list the steps you have taken to prevent future use of non-Federal forms or expired Federal forms for DOT tests.

For this flaw to be corrected, the test of the specimen must have occurred at an HHS-certified laboratory where it was tested consistent with the requirements of 49 CFR Part 40. You must supply this information on the same business day on which you are notified of the problem, transmitting it by fax or courier.

If the correction does not take place, the test must be canceled.

This regulatory requirement can be found at https://www.transportation.gov/odapc/part40/40-205

Where can an employer or a collector obtain the revised CCF?

Please contact your Department of Health and Human Services (HHS)-certified laboratory to obtain the revised CCF.  A list of HHS‑certified laboratories can be found at https://www.samhsa.gov/workplace/resources/drug-testing/certified-lab-list

Can a collector still use the eCCF?

Yes.  You may use the eCCF only when the employer’s laboratory has been approved through the HHS National Laboratory Certification Program to use a specific eCCF and the employer has decided to use the eCCF.  Of course, the eCCF must be updated to match the revised form.

NOTE:  This document informally summarizes some of the important effects of 49 CFR Part 40, but it is not a substitute for the rule and should not be relied upon to determine legal compliance with the rule.  ODAPC encourages affected entities, including employers and service agents, to review the final rule.

Updated: Wednesday, May 9, 2018