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.
-
Direct Observation Collections
Mandatory for Return-to-Duty and Follow-Up Testing
Beginning August 31, 2009
On July 30, 2009, ODAPC published a Final Rule in the Federal Register which restores mandatory direct observation (DO) collections for all return-to-duty and follow-up testing. This DO drug testing rule is applicable to return-to-duty, safety-sensitive transportation industry employees who have already failed or refused to take a prior drug test.
The start date for mandatory DO for return-to-duty and follow-up testing is August 31, 2009. All employees who go for return-to-duty and follow-up tests on and after the effective date must have their collections observed. This includes employees currently in follow-up testing programs who will still be in those programs on and after August 31st.
Some employers and labor organizations may have entered into collective bargaining agreements that prohibit or limit the use of DO collections in return-to-duty and follow-up testing situations. When this final rule goes into effect, conducting all follow-up and return-to-duty testing using DO collections will be a requirement of Federal law.
Safety is the highest priority of the U.S. Department of Transportation and restoring our direct observation drug testing rules helps to support this mission.
You can link to the Final Rule on the Federal Register website at:
http://edocket.access.gpo.gov/2009/pdf/E9-18156.pdf
-
Court Issues Mandate
We are pleased to announce that on July 1, 2009, the United States Court of Appeals for the District of Columbia Circuit issued its Mandate in BNSF Railway Company v. Department of Transportation (U.S. Court of Appeals for the D.C. Circuit, Docket No. 08-1264). Now that the court�s decision is final, the stay has been lifted on direct observation drug testing rules applicable to return-to-duty, safety-sensitive transportation industry employees who have already failed or refused to take a prior drug test.
Soon, the Department of Transportation will issue a Final Rule in the Federal Register providing a start date for mandatory direct observation collections for all follow-up and return-to-duty tests. Until then, direct observation for these tests will remain an employer�s option.
Safety is the highest priority of the U.S. Department of Transportation and lifting the stay of our direct observation drug testing rules helps to support this mission.
Click here to view the Court's Mandate
-
District Court Decision
On May 15, 2009, the United States Court of Appeals for the District of Columbia Circuit unanimously upheld DOT�s direct observation drug testing rules applicable to return-to-duty, safety-sensitive transportation industry employees who have already failed or refused to take a prior drug test. The Court found that the rules were not arbitrary or capricious and did not violate the Fourth Amendment constitutional prohibition on unreasonable searches and seizures.s
Because there is an opportunity for the parties to seek rehearing of the Court�s ruling, the Court�s stay of the direct observation rule continues in effect. Direct observation collections for follow-up and return-to-duty testing will remain an employer�s option for the duration of the rehearing process. We will provide status updates to you on a regular basis.
Safety is the highest priority of the U.S. Department of Transportation and the upholding of our direct observation drug testing rules helps to support this mission.
Click here to view The Court�s full determination
