We have received the following notice from the DOT - Office of Drug & Alcohol Policy & Compliance:
Published Thursday, 11/20/08 in the 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?
(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.
This means that until further notice, directly observed collections for return to duty and follow up testing are not required, but the option of the employer.
Please contact our office if you have any questions and we would be happy to assist you.
