AugustThe Department of Transportation (DOT) has issued a new regulation effective August 25 that allows for “observed collections of urine samples.” Direct observation is required for all prior positives currently requiring testing and includes all return to duty and follow-up drug testing. This does not affect normal random testing.

The new regulation also lists new refusals to test in addition to those already existing. They include “confrontational behavior during testing,” “failure to follow instructions on raising and lowering clothing and permission to observe,” “refusal to wash hands after being directed to do so,” “use of a prosthetic device or other device that could be used to interfere with the collection process,” or “the employee admits that he or she adulterated or substituted their specimen.” A refusal to test is considered and treated the same as a positive test.