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In an effort to educate the transportation industry and others that provide service in accordance with the Department's drug and alcohol testing programs, our staff participates in conferences, trainings and seminars throughout the country. Events, dates, locations, and registration information will appear here as it becomes available.
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04/07-09/2009 – FTA Drug and Alcohol National Conference, Nashville TN
Guest Speaker, Mark Snider
Senior Policy Advisor
Office of Drug and Alcohol Policy and Compliance, U.S. DOT
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November 20, 2008
Published in today’s Federal Register is a Final Rule dealing with 40.67(b) – direct observation for return-to- duty and follow-up testing. That section of the regulation will read, pending further order of the United States Court of Appeals for the District of Columbia Circuit, as follows:
§ 40.67 When and how is a directly observed collection conducted?
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(b) As an employer, you may direct a collection under direct observation of an employee if the drug test is a return-to-duty test or a follow-up test.
[Click here to view the Federal Register notice] 
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November 12, 2008
The U.S. Court of Appeals for the D.C. Circuit has again [November 12, 2008] delayed the mandatory Direct Observation (DO) requirement for DOT return-to-duty and follow-up tests. This is a "stay" that will remain in effect until the court issues a decision on the merits of the petitioners’ challenge to the provisions of 40.67(b).
Therefore, DO for return-to-duty and follow-up testing will continue to be an employer option, rather than mandatory.
All other requirements of 49 CFR Part 40 that went into effect on August 25, 2008 – to include the DO provision at 40.67(i) [checking for prosthetic and other devices used to carry “clean” urine & urine substitutes] – remain in effect.
[Click here to view the Stay Order]
- October 31, 2008
The U.S. Court of Appeal for the D.C. Circuit has temporarily delayed the November 1st Direct Observation (DO) requirement for DOT return-to-duty and follow-up tests. This is an “administrative stay” until the Court completes its review on the matter. [Click here to view Administrative Stay Order]
Therefore, DO for return-to-duty and follow-up testing will continue to be an employer option, rather than mandatory.
We will let you know when the Court makes a decision on the matter.
- ODAPC is providing a printable on-line "handout" so that collectors & observers fully understand the DOT's direct observation procedures. This document is also useful for employers, employees, and Medical Review Officers. Click here to view the DOT Direct Observations PDF document.
- 49 CFR Part 40 - August 25, 2008
- The Department is changing the effective date for mandatory direct observation (DO) for follow-up and return-to-duty testing. DO for FU and RTD drug testing will remain an employer's option until November 1, 2008. The Department is also seeking comments [for 30 days] about whether DO for FU and RTD testing should be mandatory.
- The rest of the June 25, 2008, final rule goes into effect on August 25, 2008, as scheduled - including the new DO procedures which require observers to check for prosthetic and other devices when specimen collections are observed. For more information click here.
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