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 (DOs).
1. This Final Rule makes Direct Observation (DO) 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.
Please click here for the full pdf of the final rule.