[Code of Federal Regulations]

[Title 49, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR40.47]



[Page 644]

 

                        TITLE 49--TRANSPORTATION

 

          Subtitle A--Office of the Secretary of Transportation

 

PART 40_PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING 

PROGRAMS--Table of Contents

 

 Subpart D_Collection Sites, Forms, Equipment and Supplies Used in DOT 

                            Urine Collections

 

Sec. 40.47  May employers use the CCF for non-Federal collections or 

non-Federal forms for DOT collections?



    (a) No, as an employer, you are prohibited from using the CCF for 

non-Federal urine collections. You are also prohibited from using non-

Federal forms for DOT urine collections. Doing either subjects you to 

enforcement action under DOT agency regulations.

    (b) (1) In the rare case where the collector, either by mistake or 

as the only means to conduct a test under difficult circumstances (e.g., 

post-accident or reasonable suspicion test with insufficient time to 

obtain the CCF), uses a non-Federal form for a DOT collection, the use 

of a non-Federal form does not present a reason for the laboratory to 

reject the specimen for testing or for an MRO to cancel the result.

    (2) The use of the non-Federal form is a ``correctable flaw.'' As an 

MRO, to correct the problem you must follow the procedures of Sec. 

40.205(b)(2).



[65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41950, Aug. 9, 2001]