As most of you are aware, the Federal Custody & Control Form changed to a new version as of June 30th. The new form no longer has a check box for DOT as a testing authority. The hyphen after DOT has been removed as well. The Collector is still required to indicate the DOT Operating Agency in which the subject works. This information should be provided to the collector by the DER.
In addition, four new analytes have been added to the DOT 5-panel drug test. These are oxycodone (OXYC), oxymorphone (OXYM), hydrocodone (HYC), and hydromorphone (HYM) and the analyte methylenedioxyethylamphetamine (MDEA) has been removed from the testing panel.
As the collector, if 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 because of circumstances beyond your control. Most importantly, your 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 CCF 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 MRO must cancel the test.
The regulations are very specific as to how the correction must be structured. The corrective affidavit must contain the following information:
- Statement of the error that occurred, e.g., use of expired Federal form
- Statement that the improper form contains all necessary information for a DOT collection and that the information is true and correct.
- The collector must indicate why the improper form was used (was it an accident? Was using an improper form the only way the test could be completed?)
- The correction must also state what steps are being taken to prevent the use of the wrong form in the future
- The specimen must have been tested at a HHS-certified laboratory consistent with the requirements of 49 CFR Part 40
- Anytime a collection needs a correction, a copy of the corrective affidavit should be affixed to the CCF
More information on the Federal Custody & Control Form can be found on the Office of Drug & Alcohol Policy and Compliance website at https://www.transportation.gov/odapc/part40/40-205.
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