DOT delays drug testing changes

Nov 25, 2008

At press time, a Department of Transportation final rule regarding direct observation drug testing had been temporarily delayed, pending a decision from the U.S. Court of Appeals for the D.C. Circuit.

On Oct. 31, Burlington Northern Santa Fe Railway of Fort Worth, TX, filed to delay the rule's Nov. 1 effective date to allow for further review of amendments that would mandate direct observation during return-to-duty and follow-up drug testing for commercial motor vehicle drivers. DOT officials said the temporary delay will continue until the court completes its review on the matter. DOT officials said direct observation for return-to-duty and follow-up drug testing will continue to be an employer option.

DOT published a clarification notice (.pdf file) on the changes in the Oct. 22 Federal Register. A handful of transportation industry and labor groups had voiced concerns with the ruling, saying changes to 49 CFR 40.67 regarding direct observation of urine-specimen collection would violate privacy rights. In response, DOT stressed in an information sheet (.pdf file) that only individuals who previously have shown willingness to endanger public safety, who have a greater likelihood of using illegal drugs in the future, or have a higher than average motivation to cheat on a drug test must undergo direct observation. Officials said the amendments were necessary because of a noticeable increase in the availability of products designed to help drivers manipulate drug tests, such as prosthetics that carry clean specimens.