Court Orders Delay of Direct Observation for All Return-to-Duty and Follow-Up Testing

On October 31, 2008 a U.S. Court of Appeals issued an order to delay the implementation of the DOT rule requiring that all Return-to-Duty and Follow-Up testing be performed using Direct Observation procedures. In response that court order the DOT issued a revision to the Part 40 regulations make the rule read as it previously did, giving employers the option - but not a requirement - to use Direct Observation procedures for Return-to-Duty and Follow-Up tests.

This court order does not make any change in the new procedures for performing Direct Observation collections that were implemented on August 25, 2008. All Direct Observation collections should be performed following the new procedures.