The U.S. Dept. of Transportation has issued a notice rendering its rule on the direct observation of urine specimens in second collections for transport worker drug tests to be voluntary rather than mandatory.

The DOT rule required 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.”

The rule was to take effect Nov. 1, but on Nov. 12, the U.S. Court of Appeals for the D.C. Circuit issued a stay on its implementation, and the DOT says that the rule will be voluntary pending further order of the Court.