Direct Observation Collections Mandatory August 31

In today's Federal Register (July 30, 2009) the DOT issued a new final rule on the effective date of making all return-to-duty and follow-up drug tests mandatory Direct Observations.
1. This Final Rule makes Direct Observation collection procedures mandatory for all return-to-duty and follow-up drug testing.
2. This provision had been stayed by the United States Court of Appeals for the District of Columbia Circuit; but that stay was lifted on July 1, 2009, following the Courts unanimous decision to uphold the Departments position in this matter.
3. This amendment, therefore, restores the language of 49 CFR 40.67(b) to the version that became a final rule on June 25, 2008.
4. The Final Rules effective date is August 31, 2009.
5. This is MANDATORY, as an employer, you do not have an option to waive the observation.
6. Make certain your driver's understand what Part 40.67 states; specifically "the observer, must be the same gender as the donor. The observer, must request the employee to raise his or her shirt, blouse, or dress/skirt, as appropriate, above the waist; and lower clothing and underpants to show, by turning around, that they do not have a prosthetic device. Once it is determined that the donor does not have such a device, the donor may return clothing to its proper position for observed urination. The observer must watch the donor urinate into the collection container. Specifically, watching the urine go from the donor's body into the collection container."
7. All Follow-up and Return-to-Duty collections will be required to be scheduled by appointment through our collection site, 320-656-1396. Additional fees for the direct observation will apply.

Please click here for the full pdf of the final rule.