10/31/2008 - Temporary Stay on Direct Observation

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. [See Attachment] Therefore, DO for return-to-duty and follow-up testing will continue to be an employer option, rather than mandatory. We will let you know when the Court makes a decision on the matter. Jim L. Swart Director Office of Drug and Alcohol Policy and Compliance U.S. Department of Transportation

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