US Department of Transportation 49 CFR Part 40 New Final Rule Effective August 25, 2008

This Final Rule guards against employee use of items designed specifically to beat the testing process by allowing less privacy during observed collections.  Directly observed collections will continue to occur only when there is a specific reason to believe that an employee may be attempting, or have sufficient reason, to evade the testing process. Items such as prosthetic devices designed to carry clean urine will be checked for by observers with both male and female donors.  The observer will have the employee raise and lower clothing, and then put it back into place for the observed collection.  Observed collections will now be required, rather than optional, for all return to duty and follow up drug testing.