The Department of Transportation published a final rule in the Federal Register effective April 13, 2015 concerning the use of the electronic version of the Federal Drug Testing Custody and Control Form (eCCF).

The final rule allows DOT-regulated employers, collectors, laboratories and medical review officers to use the electronic version of the Federal Drug Testing Custody and Control Form for DOT-required drug testing purposes. Use of the eCCF is not required. Regulated entities may continue to use the paper CCF and must not use an eCCF until that regulated entity’s laboratory is approved to use an eCCF. Specifically, the laboratory must be approved to use an eCCF through SAMHSA’s National Laboratory Certification Program. Once the laboratory is approved, regulated employers may begin using the eCCF effective April 13, 2015.

The eCCF requires the collection and distribution of the same information that the paper CCF requires. When using an eCCF, employers must establish adequate confidentiality and security measures to ensure that confidential employee records are not available to unauthorized persons. This includes protecting the physical security of records, access controls, and computer security measure to safety confidential data in electronic form. Additionally, an employer who uses an eCCF must ensure that the collection site, the primary and split laboratories and Medical Review Officer have compatible systems, and that the employee and any other program participants in the testing process will receive a legible copy of the CCF.  Electronic signatures are permitted when using an eCCF, but not when using a paper CCF.

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Photo of Kathryn J. Russo Kathryn J. Russo

Kathryn J. Russo is a principal in the Long Island, New York, office of Jackson Lewis P.C. She is a firm resource on the legal issues implicated in workplace drug and alcohol testing arising under federal, state and local laws, as well as…

Kathryn J. Russo is a principal in the Long Island, New York, office of Jackson Lewis P.C. She is a firm resource on the legal issues implicated in workplace drug and alcohol testing arising under federal, state and local laws, as well as substance abuse management and marijuana laws’ impact on employers.

Kathryn helps clients navigate workplace problems involving drugs and alcohol. She regularly works with corporate counsel and human resources executives to develop substance abuse policies to comply with federal drug and alcohol testing regulations (including all agencies of the U.S. Department of Transportation), as well as state and local drug and alcohol testing laws and marijuana laws in all 50 states. In addition, she defends employers in litigation where drug and alcohol test results are at issue, and frequently conducts “reasonable suspicion” training for employers in connection with their substance abuse policies. Kathryn also advises employers on leave and disability management issues arising when employees seek leave or other accommodations related to substance abuse rehabilitation.