Direct Observations Required

DOT Direct Observation Rule Starts August 31


The Department of Transportation published a rule in the July 30, 2009 Federal Register reinstating the requirement that employers in the aviation, rail, motor carrier, mass transit, maritime, and pipeline industries directly observe employees during urine collections for all return-to-duty and follow-up drug tests. The rule goes into effect August 31, 2009.

This provision was stayed by the United States Court of Appeals for the District of Columbia Circuit effective November 1, 2008, but that stay was lifted on July 1, 2009. This amendment, therefore, restores language to the version that became a final rule on June 25, 2008.

Under the rules that were upheld, employees must raise shirts or dresses and lower underclothes and clothing to demonstrate to observers that they are actually producing the sample.

http://safety.blr.com/news.aspx?id=114061

To view procedures:

http://www.dot.gov/ost/dapc/testingpubs/DOT_Direct_Observation_Procedures_08-08.pdf


I think that it's important to also note that this direct observation ruling refers to employees that have tested positive, either for drugs or alcohol, or have refused a test. Once any one of these has occured an employee is then required to be evaluated a SAP, or Substance Abuse Professional.  Before an employee can return to work in a safety sensitive position the employer must receive an evaluation on the employee from a Substance Abuse Professional (SAP) meeting DOT requirements. Employees will be required to pass a return to duty test and a number of follow-up tests randomly over a period of time designated by the SAP.  These are the tests that are required to fall under direct observation according to the DOT regulations that took effect on August 31, 2009.

To locate a SAP in your area:

http://www.saplist.com/find_a_sap/search.php