The U.S. Department of Transportation issued a final rule to reinstate the requirement for direct observation collections for all return-to-duty and follow-up tests.
This provision was stayed by the United States Court of Appeals for the District of Columbia Circuit effective November 1, 2008, but that stay was lifted on July 1, 2009. This amendment, therefore, restores language to the version that became a final rule on June 25, 2009.
Sec. 40.67 states, "As an employer, you must direct a collection under direct observation of an employee if the drug test is a return-to-duty test or a follow-up test." The effective date is August 31, 2009.
Follow the link below to read the entire final rule.