Fail a drug test? Better not be shy

| 7/8/2009

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

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.

BNSF Railway Co. and nine other groups sued the Department of Transportation over the new drug testing policy. The cases were consolidated, and the groups filed a motion for emergency stay pending review to stop enforcement of the new regulations. The U.S. Court of Appeals for the D.C. Circuit granted the motion Oct. 31, 2008.

On July 1, the court ruled against BNSF and the other groups and lifted the stay. The Federal Motor Carrier Safety Administration will issue a Final Rule providing a start date for the mandatory direct observation for all follow-up and return-to-duty tests.