However, Department of Transportation (DOT)-regulated employers should not use the revised CCF at this time since the DOT has not authorized testing for new synthetic opioids included on the form and has not yet approved use of the new form.
The new form contains two changes: one is cosmetic, while the other is more substantive. The first change clarifies the testing authority options, and the second change revises the substances for which an employee could test positive.
On Jan. 23, 2017, the DOT proposed amending its drug testing regulations to harmonize with the revised Mandatory Guidelines established by the HHS for federal drug testing programs for urine testing. The DOT has not yet issued a final rule authorizing the revised testing to include the new synthetic opioids. Therefore, DOT-regulated employers should not use the revised CCF for testing under 49 C.F.R. Part 40, which governs drug and alcohol testing for the federally regulated transportation industry.
If you are an employer that conducts drug and alcohol testing in accordance with Part 40, you should continue using the same CCF form that has been in effect since 2010 until the DOT issues its final rule on testing for synthetic opioids.
Source: FordHarrison LLP, 8/28/2017
Posted: September 7, 2017