ASK ALICE
Each issue we will be answering questions submitted by members. If you have a question to be answered, please submit it to info@datia. org with Ask Alice in the subject line. Enjoy.
QUESTION:When do the new CCFs need to be used (instead of the 2000 Fed- eral CCFs)? Is this for DOT only?
ANSWER: Beginning December 1, 2011, the new Federal CCF must be used for both the Department of Health and Hu- man Services (HHS) and the Department of Transportation (DOT). Please see below for DOT’s issued advisory concern- ing the use of the expired CCF: Guidance to Laboratories for Obtain-
ing Corrective Actions for the Use of Custody and Control Forms that Fail to Meet the Requirements of 40.45(a) when Processing Incoming DOT Specimens: • If there are no “fatal flaws” [see 40.83(c) and (d)], laboratories are not prohibited from continuing the testing process when a CCF that fails to meet the requirements of 40.45(a) (e.g., an expired Federal Form or a non-Federal form) is used.
• Per 40.83(g), laboratories must hold the specimen at least 5 business days from the date on which they initiate corrective action for use of such a CCF. Laboratories have the option of waiting beyond 5 busi- ness days to obtain a corrective action and to hold the specimen before reporting a rejected for testing result to the MRO.
• MROs, collectors, and employers are also authorized to seek, and should seek, corrective action for use of such a CCF [see 40.203(d) and 40.205(b)(2)].
• If the problem of the use of the incorrect CCF is corrected after the laboratory has reported a cancelled test, the lab and MRO may confer and the laboratory may re-report the result to the MRO.
QUESTION:Have the 2012 Random Testing Rates been released for all DOT modes?
ANSWER: The 2012 DOT Random Testing Rates, including the United States Coast Guard (USCG), which is now under the Department of Homeland Security, will all remain the same as they did in 2011. (See chart on page 43)
QUESTION:Who can inspect laboratories?
ANSWER: As a laboratory, you must permit an inspection, with or without prior notice, by ODAPC, a DOT agency, or a DOT-regulated employer that con- tracts with the laboratory for drug testing under the DOT drug testing program, or the designee of such an employer. (§49 CFR Part 40.107)
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datia focus
spring 2012
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