The Department of Transportation's Direct Observation collection procedures is now mandatory for all return-to-duty and follow-up drug testing. The U.S. Court of Appeals for the D.C. Circuit lifted the previous stay on July 1, 2009, following the Court’s unanimous decision to uphold the DOT's position in this matter.
The language of 49 CFR 40.67(b) now reverts back to the version that became a final rule on June 25, 2008 which reads as follows:
§ 40.67 When and how is a directly observed collection conducted?
(b) As an employer, you must direct a collection under direct observation of an employee if the drug test is a return-to-duty test or a follow-up test.
The language of 49 CFR 40.67(b) now reverts back to the version that became a final rule on June 25, 2008 which reads as follows:
§ 40.67 When and how is a directly observed collection conducted?
(b) As an employer, you must direct a collection under direct observation of an employee if the drug test is a return-to-duty test or a follow-up test.