Published in today’s Federal Register is the Department of Transportation’s Final Rule regarding the use of the Federal Drug Testing Custody and Control Form (CCF). The Final Rule extends the deadline for use of the old CCF until November 30, 2011, and finalizes procedures for use of the new CCF.
An excerpt is listed below, however, you may access the Federal Register document from http://www.gpo.gov/fdsys/pkg/FR-2011-09-27/pdf/2011-24818.pdf.
Background and Purpose
All urine specimens collected under the DOT drug testing regulation, 49 CFR Part 40, must be collected using chain-of-custody procedures that incorporate the use of the CCF promulgated by the Department of Health and Human Services (HHS). On November 17, 2009, HHS published a proposal to revise the CCF [74 FR 59196]. In their proposal, HHS stated that the CCF is used for the federal workplace drug testing program, but also pointed out that DOT ‘‘* * *requires its regulated industries to use the Federal CCF’’ [74 FR 59196]. Because many of the commentors to the HHS proposal were transportation industry employers, Consortia/Third Party Administrators (C/TPAs), and associations, the Department was confident the commentors understood the new CCF would be used in the DOT regulated program. All the comments submitted were thoroughly reviewed by HHS and taken into consideration in fashioning the new CCF. The Department worked closely with HHS on the new CCF. HHS announced the new CCF in the Federal Register [75 FR 41488]. The CCF became effective as of October 1, 2010. However, because of the short time frame between the HHS publication of the new CCF and its October 1, 2010 effective date, the Department did not have an opportunity to propose a rulemaking and therefore issued an Interim Final Rule (IFR) on September 27, 2010 [75 FR 59105] authorizing DOT-regulated employers to also begin using the new CCF on October 1, 2010. The Department sought comments only on the actual implementation of the new CCF, and not on the form itself because HHS already sought and received comments on the form and its use because many of the commentors to the HHS proposal were transportation industry employers, C/TPAs, and associations. In the IFR, the Department made minor procedural amendments to the regulation to merely reflect the changes HHS made to the revised CCF, and clarified how collectors, laboratories, and medical review officers (MROs) must use the new form in the DOT regulated context. There were 15 comments from four commentors. The Department is also making a technical amendment to address an omission in the rule text of a final rule published on August 16, 2010 [75 FR 49850]. Specifically, we had removed the requirement in § 40.121(d) for the MRO to complete continuing education units to satisfy the requalification training requirement but we failed to amend the definition of ‘‘Continuing education’’ in § 40.3 to reflect this change. We do so in this Final Rule.