In a decision released May 15, 2009, the U.S. Court of Appeals for the District of Columbia upheld a Department of Transportation (DOT) regulation that requires employees who are returning to safety-sensitive duties after having completed a drug treatment program due to failing or refusing to take a drug test, to submit to return to duty and follow up testing under “direct observation” conditions.
Continue Reading D.C. Circuit Upholds “Direct Observation” Requirements for USDOT Return to Duty and Follow Up Testing

Beginning November 1, 2008, employers covered by the United States Department of Transportation’s controlled-substance testing regulations must conduct direct observation collection for “return to duty” and “follow-up” controlled substance tests.
Continue Reading Employers Subject to the U.S. Department of Transportation’s Substance Abuse Testing Requirements Must Now Conduct Direct Observation for Return to Duty and Follow-up Testing