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From: Robert Swotinsky MD
Password: orange
Date: 11 Aug 2009
Time: 07:28:43 -0700
Remote Name: 75.198.164.47
On June 25, 2008, DOT announced several changes to the Part 40 rule that were to take effect on August 25, 2008. Two of these changes were:
1. Whenever a directly observed collection takes place, the donor must expose his/her genitals and turn 360 degrees in front of the observer. The collector checks for prosthetic and other devices that the donor may otherwise hide in his/her midsection.
2. All return-to-duty and follow-up drug tests must be collected under direct observation.
Changes #1 and #2 were originally scheduled to take effect on August 25, 2008. But, several unions obtained a motion from a U.S. circuit court that delayed the effective date to November 1, 2008, after a public comment period. DOT reviewed the public comments and held fast to changes #1 and #2. Burlington Northern Santa Fe Railroad (BNSF) then joined the unions and asked the courts to review the constitutionality of these changes. The U.S. Court of Appeals, D.C. Circuit, allowed change #1 to take effect last Fall, but delayed change #2 pending the court’s review. The Court has since completed its reviews and allowed change #2, as well.
Bottom line: The "strip search" directly observed collection procedure (change #1) took effect in November '08.