Employers who are subject to U.S. Dept. of Transportation drug and alcohol testing requirements for drivers and other transit workers will be required to ensure that second collections of urine specimens take place under direct observation, according to a DOT rule that will be implemented on August 25.

Covered employers who receive an initial drug test result indicating that the test was invalid (adulterated, substituted, positive for drugs or drug metabolites, and/or invalid)—or if the drug test is a return-to-duty test or follow-up test—must direct a second collection under direct observation. The DOT rules specifies that observers must “request the employee to raise his or her shirt, blouse, or dress/skirt, as appropriate, above the waist; and lower clothing and underpants to show … by turning around, that they do not have a prosthetic device.” After the observer determines that the employee does not have a prosthetic device, the observer “permit[s] the employee to return clothing to its proper position for observed urination.”