7/7/2009 - Stay lifted on direct observation drug testing

The following was issued today from ODAPC:

We are pleased to announce that on July 1, 2009, the United States Court of Appeals for the District of Columbia Circuit issued its Mandate in BNSF Railway Company v. Department of Transportation (U.S. Court of Appeals for the D.C. Circuit, Docket No. 08-1264). Now that the court’s decision is final, the stay has been lifted on direct observation drug testing rules applicable to return-to-duty, safety-sensitive transportation industry employees who have already failed or refused to take a prior drug test.
Soon, the Department of Transportation will issue a Final Rule in the Federal Register providing a start date for mandatory direct observation collections for all follow-up and return-to-duty tests. Until then, direct observation for these tests will remain an employer’s option.
Safety is the highest priority of the U.S. Department of Transportation and lifting the stay of our direct observation drug testing rules helps to support this mission.

Jim L. Swart
Director, Office of Drug and Alcohol Policy and Compliance
U.S. Department of Transportation

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