The first change, is the revised Custody and Control Form (CCF), which went into effect on September 1. While many of the updates to this form have to do with the addition of oral fluid testing (although it’s not yet an option for FMCSA-regulated employees), another significant change is the addition of “CDL State & Number” to the line that asks for the donor’s identification information. This information is being included so that Medical Review Officers (MROs) have the information they need to report drug and alcohol violations to the Clearinghouse.
Although this new form went into effect on September 1, if carriers have copies of the old form, they can continue to use those until August 30, 2021. After that point, carriers must begin using the new CCF. If you do choose to use the old CCF form, you may want to begin including the “CDL State & Number” on the form to ensure MROs have the information they need to fulfill their mandatory DOT Clearinghouse reporting requirements.
The second big change, is that the long-awaited hair testing proposal was published in the Federal Register last week. The Notice of Proposed Rulemaking outlines the guidelines for federal hair testing, as proposed by the Department of Health and Human Services. Although there has been a big industry push for hair testing, not everyone is thrilled with the proposed rule, which limits hair testing to be used only for pre-employment and random drug tests. More controversial, is that the guidelines call for a second specimen type (oral fluid or urine) to be collected, as well. Industry groups such as the American Trucking Associations have pointed out the extra expense to motor carriers in collecting multiple sample types if that becomes part of the final rule.
Because oral fluid testing isn’t yet available for FMCSA-regulated employees, that means that carriers will need to collect both a hair and a urine sample during every pre-employment or random drug test under the proposed rule. The reasoning behind this, is that not all individuals will be able to provide a hair sample due to medical or religious reasons. The second sample type would only be used in these instances, or when a hair test comes back positive for drug use.
Now that the proposed rule has been published, the general public has until November 9, 2020 to review and comment on the proposal. This is the final step before the rulemaking is finalized.