The U.S. Court of Appeal for the D.C. Circuit has temporarily delayed the November 1st Direct Observation (DO) requirement for DOT return-to-duty and follow-up tests. This is an “administrative stay” until the Court completes its review on the matter.
On June 25, 2008, the Department of Transportation issued a new ruling, 49 CFR part 40.67 that required all Return-To-Duty and Follow-up testing to be conducted using Direct Observation. The initial starting date for the requirement was August 25, 2008, but it was then delayed, and slated to be put into practice on November 1, 2008. Now it has been delayed again by the court's administrative stay.
Until it is officially implemented, Direct Observation for return-to-duty and follow-up testing will continue to be an employer option, rather than mandatory.
A copy of the US District Court stay order can be found here: Direct Observation Administrative Stay
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