The U.S. Court of Appeals for the District of Columbia recently put into place a temporary stay, preventing employers from directly observing employees take a drug test AFTER THEY FAILED THE FIRST ONE!  I have not reviewed the case or the stay so this is off the top of my head but what were they thinking? 

Perhaps I am biased because ALL drug tests in the military are observed. Perhaps I am biased because almost 2% of the truckers on the road are DUI (see my prior posts), perhaps I am just worried about my family on the road with a drugged out trucker. Regardless, if a trucker has already failed a drug test, and they allow him to be retested to keep his job, EVERY possible precaution should be used to make sure a druggie isn’t behind the wheel of an 80K tractor trailer.