Responding to the outcry from union and transportation groups, the U.S. Dept. of Labor has changed the effective date of its rule requiring direct observation of second collections of urine specimens for transport worker drug tests to November 1, 2008. Originally, the rule was supposed take effect on August 25, 2008.

The DOT rule requires 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—to direct a second collection under direct observation. The rule 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.”

Along with postponing the effective date, the DOT is also requesting comments on the content of the rule for 30 days.