DOT: Mandatory Direct Observation Collection, Return-to-Duty & Follow-Up Drug Testing

Posted for display in yesterday’s Federal Register for publication is a Department of Transportation Final Rule: Procedures for Transportation Workplace Drug and Alcohol Testing Programs.


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 Court’s unanimous decision to uphold the Department’s 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 Rule’s effective date is August 31, 2009.

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