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Compliance Corner – DOT Testing Errors

 

How does an employer go about changing a DOT test to a non-DOT test when the employer discovers after receiving a verified test result that a Federal Drug Testing Custody and Control Form (CCF) was used for a non-DOT test?

The Department of Transportation's (DOT's) Office of Drug and Alcohol Policy and Compliance requires each DOT Agency's program manager to make a case-by-case determination when an employer requests to change a DOT test result to a non-DOT test result. In order for the FAA to make this determination, an employer would need to provide a copy of the test result and a statement to explain whether it was an inadvertent error on a non-safety sensitive employee, or if the employee was safety-sensitive and the employer made a regulatory error.

Employers may provide written requests and supporting documents to the FAA's Drug Abatement Division at drugabatement@faa.gov or the following address:

FAA/Drug Abatement Division (AAM-800)
800 Independence Avenue, SW., Room 806
Washington, DC 20590
Fax Number: (202) 267-5200

Once we review the information, we will provide a written statement to concur with the change or not. If we concur, then you would correct the record according to the steps described in 49 CFR part 40, § 40.205.

If you have any further questions or need additional guidance that is more specific to your situation, please contact the FAA Drug Abatement Division at (202) 267-8442 or drugabatement@faa.gov.

Please visit our website to learn more about our program.

Applicable Regulations:
49 CFR § 40.13
49 CFR § 40.205

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