Memorandum For Record required if a specimen collector uses an expired CCF for a DOT drug test

It is now three weeks past the deadline to begin using the new Federal Custody and Control Form (CCF) for Department of Transportation (DOT) collections for drug tests. [Note: The newest version was approved in 2020, and collectors were required to begin using the “new” CCF starting August 30, 2021.]

However, we are aware of several collection sites that have not yet received a new supply of the CCFs and only have expired CCFs on hand. At this time, the DOT is allowing the use of the expired CCF. HOWEVER, the collector MUST include a Memorandum for the Record indicating some very specific information, otherwise the test will be cancelled.

It has also been brought to our attention that some laboratories are refusing to accept a ‘generic’ Memorandum or written statements from collectors unless the collector uses the laboratory’s form with the lab’s letterhead or logo. There is no provision in the regulations that allows for laboratories or others to refuse acceptance of a written statement that meets the regulatory requirements in 49 CFR Part 40.205.

As a courtesy, Certified Training Solutions is providing a sample template Memorandum for Record form that collectors may use (i.e. to send into the laboratory with their CCF and the initial specimen).

The information presented here is meant to provide general information and guidance. Information is deemed reliable but not guaranteed.  Legal advice must be provided in the course of an attorney-client relationship specifically with reference to all the facts of the particular situation under consideration. Such is not the case here, and accordingly, the information presented here must not be relied on as a substitute for obtaining legal advice from a licensed attorney and/or the U.S. Department of Transportation Office of the General Counsel.  When in doubt, check with your corporate legal counsel and/or the U.S. Department of Transportation Office of the General Counsel or an agent of the operating agency that covers your industry.  Certified Training Solutions is not responsible or liable for any loss or damage relating to the use of the information in this article. Before relying on the material in any important matter, users should carefully evaluate its accuracy, currency, completeness and relevance for their purposes, and should obtain any appropriate professional advice relevant to their particular circumstances.

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