On July 30, 2009, ODAPC (Office of Drug & Alcohol Policy & Compliance) 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 testing rule is applicable to return to duty, DOT covered employees who have already failed or refused to take a prior drug test.
The start date for mandatory direct observation collections 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 or labor organizations have 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.
If you have any questions about the above information, please feel free to contact our office.
