What does 49 CFR 40.41 (May employers use the CCF for non-Federal collections or non-Federal forms for DOT collections?) require?

Short answer

No, employers are prohibited from using the CCF for non-Federal collections or non-Federal forms for DOT collections. Using a non-Federal form for a DOT collection is a correctable flaw.

The rule says

"No, as an employer, you are prohibited from using the CCF for non-Federal collections. You are also prohibited from using non-Federal forms for DOT collections." (49 CFR 40.41(a))

"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." (49 CFR 40.41(b)(1))

In plain English

This rule means that employers must use the Federal CCF for all DOT collections, and cannot use it for non-Federal collections. If a non-Federal form is used by mistake, it's considered a correctable flaw, and the MRO must follow specific procedures to correct the issue.

What to do

• Use the Federal CCF for all DOT collections
• Do not use the CCF for non-Federal collections
• If a non-Federal form is used by mistake, follow the procedures in 40.205(b)(2) to correct the issue
• Ensure that all collectors and MROs are aware of and follow this rule to avoid enforcement action