Employers who are regulated by the U.S. Department of Transportation and their service agents (collectors, laboratories and Medical Review Officers) must ensure that they use the revised Federal Custody and Control Form (“CCF”) as of August 30, 2021. The revised CCF can be viewed here. Last year, the Office of Management and Budget approved the revised CCF but allowed use of the old form to continue through August 29, 2021.
Most of the changes in the revised CCF were made to accommodate the use of oral fluid specimens for Federal drug testing. However, oral fluid drug testing has not yet been authorized for DOT-mandated drug testing.
If the old CCF is inadvertently used on or after August 30, 2021, it is a “correctable flaw” that requires the preparation of a Memorandum For the Record (“MFR”). Under DOT regulation 49 CFR § 40.205(b)(2):
If the problem is 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 a HHS-certified laboratory where it was tested consistent with the requirements of this part. 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 MRO is required to cancel the test. 49 CFR § 40.205(c).
DOT-regulated employers should consult with their drug testing vendors to ensure that the revised Federal CCF will be utilized on and after August 30, 2021.