Federal Update
Fail a drug test? Better not be shy

If you fail a drug test, you will be watched when it comes time for your retest.

Direct observation of return-to-duty, follow-up and tests conducted after suspected tampering became mandatory starting Aug. 31. The Federal Motor Carrier Safety Administration published the final rule July 30 in the Federal Register.

The mandate for direct observation has been through the legal paces, after it was challenged in court starting last year.

The Department of Transportation enacted new regulations in 2008 that mandated the “observed collection” of urine samples collected in return-to-duty tests, follow-up tests or when tampering with the sample was suspected. The regulation was to go into full effect Nov. 1, 2008.

On July 1, the court ruled against the groups challenging the direct observation rule. FMCSA issued a final rule setting the Aug. 31 start date of mandatory direct. LL