On June 25, 2008 the Department of Transportation (DOT) issued a notice of changes to the DOT drug and alcohol testing that will become effective on August 25, 2008. It is important for our membership to have knowledge of the changes in procedures. Heather Healy, Director of the Employee Assistance Program, AFA-CWA, opposed the original rule two years ago during the DOT's official comment period citing its 'inappropriateness'.

The more stringent "directly observed" testing method will be required for all return-to-duty and follow-up testing. Observed collection is also mandated should there be a suspicion of drug test cheating as evidenced by observed behavior during the collection process or laboratory results of a donor's urine specimen. Currently there are more than 12 lab result conditions that would trigger a mandated direct observation. Observed collections for male and female employees will require a same-sex observer to inspect the donor for a prosthetic device in order to guard against employee tampering.

Specifically, donors must raise their shirts, blouses, or dresses/skirts, as appropriate, above the waist and lower their pants and underpants to show the observer, by turning around, that they do not have a prosthetic device on their person. After this is done, they may return their clothing to its proper position. They will then contribute a specimen in such a manner that the observer can see the urine exiting directly from the individual into the collection container, as required under current regulations.

To view the revised language which identifies when and how a direct observation collection is conducted as specified under 49 CFR part 40.67 go to: http://www.dot.gov/ost/dapc/NEW_DOCS/part40.html?proc

Should you be subjected to the directly observed tests, please relate those experiences to the AFA-CWA EAP Director, Heather Healy at 1-800-424-2406 or you can e-mail at eapassist@afanet.org