Our medical clinic used the wrong form for a non-DOT drug test. The DOT Custody and Control Form (CCF) was used instead of a non-DOT form for an employee who does not hold a CDL. What do we do about this mistake?

It is a violation under Section 40.47 to use a federal CCF for a non-federal drug test, so you should get an affidavit (a written statement confirmed by an oath) from the collector to show that this is being addressed.

The affidavit should indicate that a DOT CCF was used instead of a non-DOT form, and that the applicant does not hold a CDL.

Keep this affidavit alongside the CCF and result from the medical review officer (MRO), and store it in a confidential medical record file as you would any non-DOT testing records. (The test would not be kept in a DOT file because the employee is not a DOT driver.) The information should be kept because the test could be questioned by an auditor, and you may need to show the affidavit in the event of an audit. The affidavit will explain that the test was performed using a federal form rather than a non-DOT form.

In addition, contact the MRO and ask to have the test downgraded to a non-DOT test. This will bring it off the lab summary for your DOT account.

If the test is positive, the MRO would have reported a positive test to the clearinghouse. Although the employee’s driver’s license number is not in the Commercial Driver’s License Information System, and would not be tied to anything, the record would still be in the system. While a positive test would have no DOT consequences for this non-CDL holder, you should try your best to get it out of the clearinghouse by speaking with the MRO and possibly the FMCSA’s Drug and Alcohol Program Manager.

In addition, speak with the clinic about the incident to ensure it does not happen again. Employers with both DOT and non-DOT testing programs may need to create a means of communicating with the facility about the test type. For example, the driver may bring a note to the facility indicating that this is not a DOT test and the DOT CCF should not be used

Any other action you take based on the test results will fall under your workplace policy.

You may elect to accept the results because, even though the wrong form was used, the test result is still accurate. A procedural error with the form would not impact the positive or negative nature of the test.