Direct observation drug testing laws No. DOT’s 49 CFR Part 40 directly observed collections are authorized and required only when: The employee attempts to tamper with his or her specimen at the collection site. Understand the specific reasons and procedures. Department of Transportation-regulated industries, direct observation drug screens are necessary and mandated under very specific circumstances and are stringently regulated to protect the donor, their employer, the collector and the workplace. Sep 15, 2020 · All four employees sued, arguing that Ohio law recognizes an individual’s right to privacy and to freedom from unreasonable invasion of privacy, and that the intrusion of the direct observation method outweighed the employer’s interests in drug testing. Department of Transportation Compliance with the substance abuse policy was a condition of employment. A well-drafted policy will mirror legally accepted triggers for observation. Testing subject to Apr 12, 2004 · State-by-State Workplace Drug Testing LawsDocument Date: April 12, 2004 Jul 15, 2025 · While direct observation during a drug test is not standard, it is legally required in certain situations. May 6, 2025 · Others think a direct observation drug test is a rights violation and should never happen. (c) As a collector, you must immediately conduct a collection under direct observation if: (1) You are directed by the DER to do so (see paragraph (a) of this section); or Aug 29, 2008 · New transportation industry drug testing rules permit direct observation of urine collection and the partial removal of clothing, including underwear, to ensure that no devices containing drug-free Apr 9, 2019 · The test is a follow-up or a return-to-duty drug test Drug test collections are a critical part of the drug testing process. From a collector’s point of view, the process must follow strict criteria to ensure quality. Sep 1, 2020 · The Supreme Court of Ohio held that an at-will employee has no cause of action for common law invasion of privacy after the employer required the employee to submit to a directly-observed urine collection drug test. Oct 10, 2012 · This document describes DOT’s Direct Observation Procedures. The rules also require observation if a specimen is reported by the lab as negative-dilute with a low creatinine concentration. Drug Testing DOT’s Direct Observation Procedures 1. . Apr 4, 2022 · (1) Observable phenomena, such as direct observation of alcohol and/or drug use and/or the physical symptoms or manifestations of being under the influence of alcohol and/or a drug; Feb 15, 2023 · Return-to-duty and follow-up tests are unlike other test types because they must always be conducted under direct observation, and tests conducted under direct observation must be observed by a person of the same gender as the driver. Required drug or alcohol tests. 11-14-104. Sep 29, 2025 · Ohio law on drug testing direct observation is governed by specific regulations aimed at ensuring the integrity and accuracy of drug testing procedures, particularly in contexts such as employment, probation, or legal cases. 11-14-106. 2020-Ohio-4193 (August 26, 2020). This document should clearly outline the procedures for testing and the specific circumstances under which an observed collection may be required. Written policy statement. Applicability. Lunsford v. The specimen temperature is outside the acceptable range; The specimen shows signs of tampering ~ unusual (b) As an employer, you must direct a collection under direct observation of an employee if the drug test is a return-to-duty test or a follow-up test. S. 11-14-105. The observer will request the employee to raise their shirt above the navel and lower their pants to mid-thigh. Understand the legal framework and specific requirements. Testing for drugs or alcohol authorized - Conditions for testing - Effect of failure to comply. 11-14-103. Jul 9, 2025 · Under DOT regulations, direct observation is mandatory for all return-to-duty and follow-up drug tests. 3 Beginning in October 2016, Sterilite imposed a drug testing procedure that required employees’ urine samples to be collected using the direct observation method,4 which requires a same-sex monitor to accompany the employee into the restroom to visually observe the May 16, 2025 · DOT observed collections prevent cheating in drug tests. 11-14-107. (c) As a collector, you must immediately conduct a collection under direct observation if: (1) You are directed by the DER to do so (see paragraph (a) of this section); or Jul 18, 2025 · Direct observation during a drug test balances privacy rights with the need for test integrity. Jul 17, 2025 · An employee facing a reasonable suspicion test should ask to see the company’s written drug testing policy. (b) As an employer, you must direct a collection under direct observation of an employee if the drug test is a return-to-duty test or a follow-up test. Under Ohio Revised Code and administrative rules, direct observation during drug testing may be required in certain situations to prevent tampering or substitution of Arkansas Drug Testing Law Arkansas drug testing law is located in the following sections of the Arkansas Code. From a donor’s perspective, the experience may be daunting because he or she may not know what to expect during a collection. Sterilite is a private employer with a substance abuse policy that requires reasonable suspicion Feb 18, 2025 · Gain clarity on Virginia drug testing laws and ensure fair hiring practices in your workplace with this comprehensive guide. But in U. Definitions. Drug Testing Law 11-14-102. Sterilite of Ohio, LLC, slip op. DOT’s Direct Observation Procedures Office of Drug and Alcohol Policy and Compliance U. 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