FAA Final Rule: 14 CFR Part 120 - [August 2009]

Industry Drug and Alcohol Testing Program 14 CFR Part 120 Final Rule Update
Effective July 13, 2009

FAA final rule under 14 CFR Part 120 became effective July 13, 2009. It amends 14 CFR Part 121, including appendices I and J, Part 135, Part 61, 63, and 65, as well as Part 91 to combine all areas regarding the industry drug and alcohol testing requirements into a single part. A copy of this new Part is available on the Federal Register (PDF).

ODAPC Issues Final Rule - Direct Observation Collections - [August 2009]

Direct Observation Collections Mandatory for Return-to-Duty and Follow-Up Testing
Effective August 31, 2009

ODAPC published a Final Rule in the Federal Register which restores mandatory direct observation (DO) collections for all return-to-duty and follow-up testing. This DO drug testing rule is applicable to return-to-duty, safety-sensitive transportation industry employees who have previously tested positive or refused to take a prior drug test.

All employees who go for return-to-duty and follow-up tests on and after the effective date must have their collections observed. This includes employees currently in follow-up testing programs who will still be in those programs on and after August 31st.

Some employers and labor organizations may have entered into collective bargaining agreements that prohibit or limit the use of DO collections in return-to-duty and follow-up testing situations. When this final rule goes into effect, conducting all follow-up and return-to-duty testing using DO collections will be a requirement of Federal law.

Safety is the highest priority of the U.S. Department of Transportation and restoring the direct observation drug testing rules helps to support this mission.

You can link to the Final Rule on the Federal Register website at: http://edocket.access.gpo.gov/2009/pdf/E9-18156.pdf