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Post Info TOPIC: DOT delays mandatory direct observation regulation to November 1


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DOT delays mandatory direct observation regulation to November 1
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DOT delays mandatory direct observation regulation to November 1

CLEVELAND, August 24 The U.S. Department of Transportation is postponing from August 25 to November 1 a new regulation that would subject employees to mandatory direct observation during drug tests conducted when a transportation worker returns to work after a positive drug test and during follow-up drug tests.

The current DOT regulation, which will remain in effect for the time being, requires direct observation of urine collection only after an invalid test, and is discretionary during return-to-duty and follow-up tests.

DOT has not delayed implementation of a related requirement that would subject workers to a "strip search" in those situations when a direct observation will be made. Section 40.67(i) states as follows:

"As the observer, you must request the employee to raise his or her shirt, blouse, or dress/skirt, as appropriate, above the waist; and lower clothing and underpants to show you, by turning around, that they do not have a prosthetic device. After you have determined that the employee does not have such a device, you may permit the employee to return clothing to its proper position for observed urination."

It is expected that the postponement will be published in the August 25 Federal Register. Also, the DOT will open a 30-day public comment period, during which time interested parties may comment on whether direct observation should be mandatory in all return-to-duty and follow-up tests.

In mid-August, the BLET along with seven other rail unions and the BNSF Railway, filed a lawsuit challenging both aspects of the new regulation on the grounds that they violated the Fourth Amendment of the U.S. Constitution, which protects citizens from unreasonable searches. The joint petition for review was filed in the United States Court of Appeals for the District of Columbia Circuit.

Monday, August 25, 2008



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