Drug and Alcohol Testing Program
The U.S. Court of Appeals Decision
On May 15, 2009, we were pleased to announce that 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 DOT 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 Court said that the government had a strong interest in conducing direct observation Return-to-Duty and Follow-Up testing to ensure transportation safety.
Since the direct observation rules went into effect, we have heard from
many of you that your experiences as employers, employees, collectors,
MROs, and SAPs have shown that drug test cheaters are being caught. You
also report that numerous employees in Follow-Up testing programs
stopped using drugs because of these added measures.
That’s very good news!
We would remind
everyone that our vigilance continues and that these direct observation
procedures are required for every DOT Return-to-Duty and Follow-Up
test. Direct observation procedures are also necessary for other
specific circumstances in which cheating is suspected.
Included with this message are the DOT’s website links for our flyers
for
Direct Observation
Procedures
and our
Reminder Notice
About Return-to-Duty and Follow-Up Testing,
both of which you tell us have been very helpful. The Reminder Notice
states that when a direct observation collection was required but not
accomplished, employers must ensure the collection is repeated under
direct observation. Service Agents must also notify employers when they
discover that a direct observation collection should have been performed
but was not.
Thanks for helping us assure the travelling public that our
transportation system is the safest it can possibly be. As the Court
said, “The government’s interest in transportation safety is
‘compelling’ to say the least.”
We really appreciate your efforts!
http://pacer.cadc.uscourts.gov/docs/common/opinions/200905/08-1264-1181010.pdf
http://www.dot.gov/ost/dapc/testingpubs/Reminder%20Notice%20DO%20for%20RTD%20and%20Follow%20Up.pdf
Jim L. Swart
Director
Office of Drug and Alcohol
Policy and Compliance
U.S. Department of Transportation