Re-certification as a Reason To Perform Drug or Alcohol Tests
Have you ever wondered why the DOT Custody and Control form (CCF), doesn’t list “re-certification” as a reason to perform DOT drug testing? This is a good question. It is a common practice for some companies to request a DOT drug test at the same time a CDL driver is scheduled for a DOT Re-certification Physical. When confronted with this request, the tendency is for specimen collectors to mark the “Other” box on the Federal CCF and write in “Re-Cert” as the reason for the drug test. This practice creates a couple of issues:
- DOT Issue: – The practice of using “Re-Cert” as a reason for performing drug testing is not recognized by the DOT. Therefore, companies using “Re-Cert” as a reason to test for drugs are not in compliance with Federal regulations. Additionally, re-certification drug testing cannot be performed under the guise of “random testing”. Random drug testing has specific guidelines that must be followed to meet DOT requirements. Using “random testing” as a reason as part of a re-certification could lead to legal issues, and result in heavy fines.
- Non-DOT Issue:– It is acceptable to conduct “Re-Certs” drug testing using a Non-DOT Custody and Control Form, marking the “Other” box and noting “re-certification testing”. However, if re-certification testing hasn’t been outlined as a reason to test in the company’s Drug and Alcohol Policy, the company is not being compliant with its own policies, which could result in legal issues.
Why is the “Other” box on the Custody and Control Form?
The “Other” box is used for periodic testing performed by the United States Coast Guard (USCG).
According to Cindy Ingrao, Senior Policy Writer for Office of Drug and Alcohol Policy and Compliance (ODAPC), “The DOT Agencies and the United States Coast Guard (USCG) determine the types of testing required under DOT authority. Currently, only the USCG is using the “Other” category in Step 1E of the Federal Testing Custody and Control Form for periodic testing.”
We were also able to contact Will Smith with National Regulatory Committee (NRC). Will stated, “The “Federal Drug Testing Custody and Control Form” (Federal CCF) was created by U.S. Health and Human Services (HHS) for use in Federal employee workplace drug testing. The Federal CCF is also utilized by several Federal agencies (e.g., U.S. DOT, U.S. NRC) for the drug testing of civilians subject to federally mandated drug testing. The form is not agency specific, so some variations in terminology exist between the form and the drug testing provisions detailed in 10 CFR Part 26.
When performing DOT drug and alcohol testing for the Federal Motor Carrier Safety Administration (FMCSA), it is important to use only one of the six sanctioned “reasons to test”, which include pre-employment, random, reasonable suspicion, post accident, return-to-duty and follow-up. Other reasons to test may be performed only if they are identified as part of a company’s drug and alcohol testing policies and if the test is conducted using a non-DOT testing form.