Department of Transportation (DOT) has issued “The Final Rule”

cjolls — Tue, 19 Aug 2008 11:10:17 -0400

Verizon has informed us that effective August 25, 2008 the
Department of Transportation (DOT) has issued “The Final Rule”. The Final Rule
deals with the drug testing requirements for a CDL. Please follow THIS link for
more information.

On June 25, 2008, the Department issued new rules improving
protections against cheating on drug tests, including the mandatory use of
specimen validity testing for all DOT specimens. Recently, the Department has
received petitions from some transportation labor and management organizations
asking that the August 25, 2008, effective date be postponed for two provisions
of the rule concerning the direct observation of urine
collections. Provision 1: The first of the two provisions would
make direct observation mandatory in all follow-up and return-to-duty
collections. Direct observation is currently authorized, but not required, in
these circumstances. Because the notice of proposed rulemaking for the June 25,
2008, final rule had not specifically asked for comment on this provision, the
Department has decided to hold a 30-day comment period on this provision. To
allow for the comment period and the Department’s response, the
effective date of mandatory direct observation for follow-up and return-to-duty
testing provision has been changed to November 1, 2008. Provision 2: The second provision would require
observers in all direct observation collections to check employees for the
presence of prosthetic and other devices used to cheat on tests, by having
employees raise and lower their clothing. The effective date of this provision
will remain August 25, 2008 . The Department emphasizes that the new direct observation
procedure will apply only to direct observation tests authorized or
required by the current 49 CFR Part 40, and the rules going into effect on
August 25 will not result in any increase in the situations in which direct
observation is used. Direct observation occurs in only a very small percentage
of DOT test situations, where there is a heightened risk of an attempt to cheat.

Special Announcements

Department of Transportation (DOT) has issued “The Final Rule”