In reversal, DOT allows old drug testing forms
If you have old copies of the Federal Drug Testing Custody and Control Form (CCF), you may still be able to use them.
Citing supply-chain issues, the Office of Management and Budget (OMB) has approved use of the 2017 version of the form for an extra two years, until August 31, 2023. This means labs and collection sites may use either the 2017 or 2020 version of the CCF when drug testing commercial drivers, effective November 23, 2021.
2020 CCF
The newer version of the CCF was released in August 2020, with usage originally required by August 30, 2021. You can identify the 2020 version by checking the wording in Step 1, item C, which was amended to add “CDL State and No.” as an identifier for commercial drivers. In addition, the option to test “oral fluid” was added to Step 2.
Mind the (compliance) gap
During the gap between August 30 when the new version was required and November 23 when the old version could once again be used, clinics were required to use only the 2020 version of the form.
This means that any urine collection between those two dates that was recorded on the 2017 CCF is in violation. It’s a violation that should have been fixed, however, through creation of a “memorandum for the record.”
Drafting the memo
If you ever find that an incorrect CCF was used for a DOT drug test, what should you do? First, check to see if the collector, lab, or medical review officer (MRO) has already created the needed memo. If they haven’t, then it’s up to you as the employer. The memo must:
- State that an expired CCF was used;
- State that the CCF nevertheless contains all the DOT-required information for a valid drug test;
- State why the old form was used (i.e., inadvertently or as the only means of conducting a test, in circumstances beyond your control);
- List the steps you’ve taken to prevent future use of expired CCFs; and
- Be signed and then immediately transmitted, on the same day you create it, to the other people who have a copy of the CCF (lab, MRO, collector, and driver).
Attach the memo to the CCF and then mark the face of the CCF in a way that makes it obvious that the error was corrected.
Steps to prevent violations
Even if it wasn’t your fault, use of an expired CCF can lead to penalties for you, not to mention a canceled test. There are several steps you can take to prevent such problems, including:
- Audit your collection site on a regular basis to ensure the proper forms are being used,
- Monitor for any announcement of a new CCF and then alert your collection site,
- Discuss the problem with the collection site and document the discussion, or
- Offer refresher training for those handling your testing program.
CDL number still required
Even if you use the 2017 CCF, make sure each driver is identified by the driver’s CDL number and issuing state in Step 1 of the form. This will ensure proper reporting of results to the Drug and Alcohol Clearinghouse, if required.
The 2020 CCF is available at JJKeller.com.
Key to remember
You may now use old 2017 drug testing forms, until August 2023. If the old form was used in late 2021, however, a correction memo should have been drafted.