After a lengthy public comment period and legal challenges, a U.S. Department of Transportation (DOT) drug testing regulation requiring employees of aviation, railroad, motor carrier, mass transit, pipeline and maritime industries who previously failed a drug test to partially disrobe and be directly observed during return-to-work and follow-up tests will go into effect August 31, 2009.

After a lengthy public comment period and legal challenges, a U.S. Department of Transportation (DOT) drug testing regulation requiring employees of aviation, railroad, motor carrier, mass transit, pipeline and maritime industries who previously failed a drug test to partially disrobe and be directly observed during return-to-work and follow-up tests will go into effect August 31, 2009. Until then, observed collections are required only if a donor is suspected of attempting to adulterate or tamper with a test sample.

The requirement sat in limbo after the U.S. Court of Appeals for the D.C. Circuit, stayed enforcement in November 2008 pending a legal challenge. However, as previously discussed, in May 2009 the court held the regulations valid and lifted the stay on July 1, 2009.

Accordingly, the DOT has announced starting August 31, 2009, employees subject to DOT return-to-work and follow-up testing must be directly observed when providing a urine sample. Additionally, before the collection begins, shirts must be raised above the waist and clothing lowered to expose genitals in order to allow the observer to verify the absence of any cheating devices. 

This entry was written by Nancy N. Delogu.