Leave a comment

DOT Reinstates Direct Observation of Urine Testing Rule

urine-drug-test1On July 30, 2009, the Department of Transportation published a notice reinstating a 2008 final rule mandating that transportation industry workers in safety-sensitive positions submit to direct-observation urine testing for all return-to-duty and follow-up drug tests. Pursuant to the rule, collective bargaining agreements between employers and unions that prohibit or limit the use of direct-observation collection are no longer effective.  The agency stated that “Employers and employees… do not have the authority to agree to avoid compliance with the requirements of federal law.”  The final rule becomes effective on August 31.  The DOT position is that conducting all follow-up and return-to-duty testing using direct-observation collections will be a requirement of federal law and “any contrary provisions of CBAs in the present or in the future will not be effective.”


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

%d bloggers like this: