Correction. Under the revised DOT regulations, observed testing will be mandatory on follow up/ return-to-duty specimen collections. Under the old regs, any observed return-to-duty collections was discretionary on the part of the employer. Observation without cause is still not permitted under the new regs.

The new ruling regarding follow-up/return to duty observed collections was to take effect on 8/25/08, but was suspended by the DOT until 11/01/08 to allow for public comments on the new ruling.