From DTA:
This is not a necessarily a bad thing especially when a person has a definite substance abuse problem. Retun-To-Duty Testing is when an employee come back to work after testing positive for drugs of abuse and subsequently completing an employee assistance program and/or similar substance abuse recovery program. Follow-up testing are employees returning to work following treatment for drug and/or alcohol abuse will be subject to unannounced follow-up alcohol and/or controlled substance testing as directed by a substance abuse professional. Employees with a follow-up test result indicating some alcohol concentration shall be subject to disciplinary action including probable dismissal from employment. Employees with a follow-up test result indicating a positive controlled substance result shall be subject to termination from employment.
Yesterday the Depatment of Transportation (DOT) reinstated its rule that employers must conduct observed urination drug testing for all return-to-duty and follow-up tests for transportation workers in safety-sensitive positions. The new regulations will apply to workers in safety-sensitive positions in the aviation, motor carrier, rail, transit, maritime, and pipeline industries. Click here to read the DOT rule, which will take effect August 31.
This rule isn’t new; the DOT issued the same rule a year ago. However, the D.C. Court of Appeals stayed implementation of the new rule until July 1 of this year, when it held that the rule was neither arbitrary nor capricious and did not violate employees’ Fourth Amendment rights.
Why the need for such strict scrutiny? According to the rule, observation is necessary “to allow the observer to check the individual for prosthetic or other cheating devices.” Seriously. Such things do exist. The most famous is the Whizzinator, used by celebrities including actor Tom Sizemore. Now there’s an endorsement. If you have employees that are subject to the new rule, just hope they don’t suffer from shy bladder syndrome or things are going to get really complicated
