49 CFR Part 40-Final Rule April 13^th, 2015

The Department of Transportation (DOT) has finalized an administrative rule which will permit the use of electronic chain of custody forms for DOT drug testing. The DOT drug testing program currently requires a 5 page “hard” Federal Chain of Custody form and until recently did not permit electronic CCFs. This rule change will provide greater convenience and less opportunity for errors when scheduling and taking a DOT drug test.

This is good news for owner operators (CDL holders) and Transportation Companies Nationwide, the frustration and inability to get a DOT drug test unless you have a Chain of Custody form in your possession should be eliminated with this new process which will allow DOT drug tests to be scheduled utilizing electronic chain of custody forms.

For many years non-regulated drug testing programs have utilized electronic chain of custody forms, but the Federal Government did not consider this process to be valid when conducting a DOT drug test. This action by the Federal Government (DOT) will incorporate modifications to the existing Substance Abuse and Mental Health Services Administration (SAMHSA) chain of custody and control form.

This new rule which will permit the use of electronic CCFS for DOT drug testing, also specifically states that paper CCFS for DOT drug testing can continue to be utilized. All other requirements including the 5 panel DOT drug test, analysis by a SAMHSA certified laboratory and verification by a Medical Review Officer will continue to be required.

One of the primary benefits of this administrative rule includes the fact that electronic signatures can now be used on the electronic CCF for DOT drug testing, however utilizing electronic signatures required by Part 40 for any other purpose other than the CCF will continue to be prohibited.

There are several additional steps which must occur prior to the final implementation of the electronic CCF for DOT drug testing, these include the approval by the Department of Health and Human Services, National Laboratory Certification Program of any laboratories wishing to utilize eCCF for DOT drug testing.

For additional information regarding electronic chain of custody forms for DOT regulated drug testing, contact Accredited Drug Testing at (800)221-4291 or www.accrediteddrugtesting.net.

http://www.transportation.gov/odapc

http://www.gpo.gov/fdsys/pkg/FR-2015-04-13/pdf/2015-08256.pdf