Are you using the latest DOT drug and alcohol testing forms?
Posted July 9, 2011
Every step of the U.S. Department of Transportation (DOT) drug and alcohol testing process is highly regulated, right down to the paperwork needed to document the tests.
Motor carriers or their service agents who use an expired form, a modified form, or a non-DOT form to conduct their DOT-regulated drug or alcohol tests could be subject to enforcement actions, including fines and other penalties. Even if you use a third party to run your testing program for you, you are not immune to those penalties.
Now is a good time to review your drug and alcohol testing processes to ensure that you’re using the right forms and that you have a process in place to get the latest forms as the DOT updates them.
Drug testing
All DOT-regulated drug tests must make use of the Federal Drug Testing Custody and Control Form (CCF), which is a five-part carbonless manifold form regulated under 49 CFR §40.45. The CCF cannot be used for non-DOT tests, such as company-required drug tests and/or tests performed on drivers who are not required to hold a commercial driver’s license (CDL).
Keep in mind that the DOT does make periodic changes to the form, although motor carriers are usually given some time to switch to the newest version. For example, in September 2010, the DOT amended the CCF and gave motor carriers and their service agents until October 1, 2011, to begin using the new version. Among the changes made to the form:
- Step 1 now includes a space to indicate the agency under which the test is being performed, such as the Federal Motor Carrier Safety Administration (FMCSA);
- Step 5a lists new drug analyses;
- Step 6 now includes a space to enter the drug for which a positive result is verified; and
- Step 7 includes a checkbox to indicate if a split-specimen test is reported as cancelled.
Alcohol testing
All DOT-regulated alcohol tests must use the DOT Alcohol Testing Form (ATF), which is a three-part carbonless manifold form regulated under 49 CFR §40.225. As with the CCF, the ATF cannot be used for non-DOT tests, such as alcohol tests for non-CDL drivers. Like the DOT’s drug testing form, the ATF is subject to change but the industry is usually given time to switch to the newer version. For example, several minor changes were made to the ATF in February 2010, but the industry was given until January 1, 2011, to use the new form.
What if you use an old form?
If a motor carrier or its agent uses an expired CCF or ATF, the error can be corrected without having to re-do or cancel the test. The procedures for correcting the error can be found in:
- §40.205(b)(2), for drug tests; and
- §40.271(b)(2), for alcohol tests.
In part, the procedure for correcting the flaw includes documenting that the form contains all the information needed for a valid DOT test, and that the incorrect form was used inadvertently or as the only means of conducting a test, in circumstances beyond your control. The document also has to list the steps taken to prevent the error from happening again.
J. J. Keller's Alcohol & Drugs: DOT Compliance Manual is an easy-to-use manual that can help you understand and comply with DOT's Alcohol & Drug Testing requirements, including 49 CFR Parts 382 and 40 .
J. J. Keller's FREE Transportation SafetyClicks™ email newsletter brings quick-read safety and compliance news right to your email box.