Filed today, the U.S. Court of Appeals for the D.C. Circuit temporarily delayed the November 1st Direct Observation (DO) requirement for DOT return-to-duty and follow-up tests. This is an ³administrative stay² until the Court completes its review on the matter. Therefore, DO for return-to-duty and follow-up testing will continue to be an employer option, rather than mandatory. This temporary stay is only regarding 49 CFR §40.67 (b).

You may view the complete Stay Order at http://datia.org/AdminStayOrder.pdf

Resources - http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.asp?section=382.305