Put Your Clothes Back On

On Nov. 12 the U.S. Court of Appeals for the District of Columbia Circuit granted a stay of the Nov. 1, 2008 direct observation requirement for Department of Transportation return-to-duty and follow-up tests. As opposed to the temporary "administrative stay" issued Oct. 31, this action will remain in effect until the Court issues a decision on the merits of the petitioners’ challenge to the rule, which could take several months.

Therefore, direct observation for return-to-duty and follow-up testing will continue to be an employer option, rather than mandatory. However, if a direct observation collection is required under separate circumstances or elected by the employer for return-to-duty or follow-up testing, then employees must raise their shirt, blouse or dress above the waist and lower clothing and underwear to prove they are not wearing a prosthetic device. An observer must then watch the employee actually fill up the cup.

ARSA will provide its members with more information as it becomes available.

Click here to read the order.

A copy of the entire final rule may be found here.