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Jun 1, 2009

RULES * USA - Court Upholds Drug Test Rules Allowing ‘Direct Observation’

Washington,DC,USA -Transport Topics, by Sean McNally & Eric Miller -June 1, 2009: -- An appeals court has upheld federal rules requiring “direct observation” of drug tests for transportation workers who either have failed or refused to take a test as a condition of employment... As the ruling on follow-up testing was issued, congressional legislation that would create a clearinghouse of drug test results from truck drivers was drawing praise from trucking groups... In its May 15 ruling, the U.S. District Court for the District of Columbia denied the petition for review of the Department of Transportation’s observation requirement filed by BNSF Railway and eight rail labor organizations... The rule upheld by the court was designed to prevent cheating on drug tests by employees in the trucking, aviation, rail, maritime and pipeline industries who are required to take follow-up tests after successfully completing drug treatment programs... Prior to the rule, employers had the option of conducting return-to-duty and follow-up tests using direct observation...

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