Reminder Notice – Direct Observation In Effect For All DOT Return-to-Duty & Follow-Up Drug Testing….

One Year Ago – The U.S. Court of Appeals Decision

Just one year ago, we were pleased to announce that the United States Court of Appeals for the District of Columbia Circuit, on May 15, 2009, unanimously upheld DOT’s 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 DOT drug test. The Court found that the rules were not arbitrary or capricious and did not violate the Fourth Amendment constitutional prohibition on unreasonable searches and seizures. The Court said that the government had a strong interest in conducing direct observation Return-to-Duty and Follow-Up testing to ensure transportation safety.

Since the direct observation rules went into effect, we have heard from many of you that your experiences as employers, employees, collectors, MROs, and SAPs have shown that drug test cheaters are being caught. You also report that numerous employees in Follow-Up testing programs stopped using drugs because of these added measures.

That’s very good news!

We would remind everyone that our vigilance continues and that these direct observation procedures are required for every DOT Return-to-Duty and Follow-Up test. Direct observation procedures are also necessary for other specific circumstances in which cheating is suspected.

Included with this message are the DOT’s website links for our flyers for Direct Observation Procedures and our Reminder Notice About Return-to-Duty and Follow-Up Testing, both of which you tell us have been very helpful. The Reminder Notice states that when a direct observation collection was required but not accomplished, employers must ensure the collection is repeated under direct observation. Service Agents must also notify employers when they discover that a direct observation collection should have been performed but was not.

Thanks for helping us assure the travelling public that our transportation system is the safest it can possibly be. As the Court said, “The government’s interest in transportation safety is ‘compelling’ to say the least.”

We really appreciate your efforts!

http://pacer.cadc.uscourts.gov/docs/common/opinions/200905/08-1264-1181010.pdf
DOTs_Direct_Observation_Procedures_Instruction_Sheet_August312009.pdf
Reminder Notice for RTD and Follow Up

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