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WASHINGTON REPORT BY TAMIKA CARTER, DATIA


Mandatory guidelines for federal workplace drug testing programs using urine (UrMG) took effect October 1.


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s of October 1, 2017, all Department of Health and Human Services (HHS)-certified test


facilities must implement procedures in accordance with the UrMG for federal workplace drug testing specimens received aſter midnight on September 30, 2017. Te Substance Abuse and Mental Health Services Administration (SAMHSA) has strongly recommended that all federal agencies implement testing for the four semi-synthetic opioids (oxycodone, oxymorphone, hydrocodone, hydromorphone) as authorized on October 1, 2017. View the final rule here: htps://www.gpo.gov/fdsys/pkg/ FR-2017-01-23/pdf/2017-00979.pdf.


Newly revised CCF approved for use by HHS- regulated employers; DOT requires use of old CCF until further notice On August 8, 2017, a newly revised Federal Custody & Control Form (CCF) was approved for use by HHS-regulated employers and service agents. However, Department of Transportation (DOT)- regulated employers and their service agents are not permited to use the revised CCF for testing under 49 CFR Part 40, because DOT has not yet issued a final rule authorizing testing for synthetic opioids. So, what does this mean for DOT employers and service agents? While the Office of Management and Budget (OMB) was approving the revised CCF, they also approved the extended use of the “old” CCF until June 30, 2018. As a result, DOT-regulated employers and their service agents (collectors, laboratories, Medical Review Officers) are to continue


38 datia focus


using the “old” CCF until further notice from DOT’s Office of Drug and Alcohol Policy and Compliance. When using the “old” CCF—the one that has been used under the DOT-regulated program since 2010—a “memorandum for the record” is not required. If the revised (2017 version) CCF is used inadvertently for a DOT test and the testing was consistent with Part 40, MROs are to verify and report the result according to Part 40. Te National Laboratory Certification


Program (NLCP) sent new Guidance for Using the 2017 Federal Custody and Control Form (CCF) to all certified and applicant laboratories and NLCP inspectors on August 9, 2017, followed by a notice with additional guidance on September 7, 2017. Te additional guidance was for labs working with federally regulated workplace programs that are not prepared to implement the UrMG on October 1— the effective date of the UrMG. For those labs, HHS has decided that they will not be required to include additional comments on the Federal CCF and electronic reports as described under questions four and six of the CCF Guidance. Tat is, laboratories are not required to include a comment on the remarks line of the Federal CCF and on the electronic report stating that the specimen “was analyzed and reported in accordance with the HHS Mandatory Guidelines effective October 1, 2010” or “ . . . effective October 1, 2017.” Tis is covered by the certification statement printed on the Federal CCF which states, “I certify that the specimen identified on this form was examined upon receipt, handled using chain of custody procedures, analyzed, and reported in accordance with applicable Federal requirements.”


fall 2017


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