TIP OF THE WEEK

 

                                                                    May 29, 2009

 

Did you know...? 

 

U.S. Court of Appeals Upholds DOT Regulations

 

On May 15, 2009, the United States Court of Appeals for the District of Columbia Circuit 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 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 regulation was originally published in June 2008 and was scheduled to go into effect on August 25, 2008. The DOT delayed implementation of this provision on August 22, 2008, however, pending the U.S. Court of Appeals' decision.

 

Because there is an opportunity for the parties to seek rehearing of the Court’s ruling, the Court’s stay of the direct observation rule continues in effect.  Direct observation collections for follow-up and return-to-duty testing will remain an employer’s option for the duration of the rehearing process.

 

As the DOT provides status updates, we will relay these to you on a regular basis.  Full text of the Court's decision can be viewed at:  http://pacer.cadc.uscourts.gov/docs/common/opinions/200905/08-1264-1181010.pdf.

 

 

 

*Please feel free to forward this information to any member of management in your company who would benefit from it.*

 

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