COMPLIANCE CORNER
Direct Observation Collections Mandatory for Return-to-Duty and Follow-Up Testing Beginning August 31, 2009
The following announcement is from the Office of Drug and Alcohol Program Compliance (ODAPC) in the Office of the Secretary of Transportation and as such it only applies to DOT collections. It does not apply to non-DOT collections but since DOT is the gold standard, Verifications advises that non-DOT Return to Duty and Follow-Up collections also be collected under direct observation where permitted by state law and company policy.
Source: US Department of Transportation - Office of Drug & Alcohol Policy & Compliance
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
The preceeding has been provided as general educational information and is not legal advice, either express or implied. Consultation with qualified legal counsel is recommended for all matters of employment law.
