Revisions to 49 C.F.R. Part 40 (Affecting Urine Collection Guidelines) are Effective 25 August 2008

The U.S. Department of Transportation (DOT) issued a final rule on June 25, 2008 making significant changes to 49 C.F.R. Part 40. Among other revisions, direct observation collections are now mandatory for all DOT return to duty and follow-up tests and the procedures for direct observation collections have been modified.

Employers must ensure that all return to duty and follow-up tests are conducted with direct observation specimen collections. 49 C.F.R. § 40.67(b). In addition, the observer in a direct observation collection is now mandated to require the specimen donor to demonstrate that they are not wearing or using a specimen adulteration or substitution device. According to the revised regulation, the observer "must request the employee to raise his or her shirt, blouse, or dress/skirt, as appropriate, above the waist; and lower clothing and underpants to show you, by turning around, that they do not have a prosthetic device." 49 C.F.R. § 40.67(i). After the observer has determined that the employee does not have such a device, the employee is permitted to return clothing to its proper position for observed urination.

Additional revisions, not included in this update, have been made to 49 C.F.R. Part 40. Click http://www.dot.gov/ost/dapc/testingpubs/urine.

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