UPDATE:US Court Upholds Drug-Test Policy For Transport Workers
16 5월 2009 - 6:09AM
Dow Jones News
A federal appeals court Friday upheld a controversial federal
drug-testing regulation that requires same-gender observers to
watch some transportation workers while they take urine tests to
make sure they aren't cheating.
The regulation, implemented by the U.S. Department of
Transportation, applies to aviation, rail and other transportation
workers who have previously failed a drug test or refused to take
one.
Several transportation industry unions and the BNSF Railway Co.
(BNI) challenged the regulation, saying it was an arbitrary rule
that violated workers' constitutional right to be free from
unreasonable searches.
In a unanimous ruling, the U.S. Court of Appeals for the
District of Columbia Circuit said the need for transportation
safety trumped the privacy concerns raised by the drug-testing
policy.
"Individuals ordinarily have extremely strong interests in
freedom from searches as intrusive as direct observation urine
testing," Judge David Tatel wrote. "In this case, however, those
interests are diminished because the airline, railroad and other
transportation employees subject to direct observation perform
safety-sensitive duties in an industry that is regulated
pervasively to ensure safety."
The appeals court said the Transportation Department carefully
considered voluminous evidence on the increasing availability of
products to help workers cheat on drug tests. The court also said
it was reasonable for the department to conclude that workers who
had failed a drug test previously would have a heightened incentive
to cheat on a drug test in the future.
BNSF spokeswoman Suann Lundsberg said the company believed the
policy "did not appropriately consider an employee's privacy."
"While we're disappointed with the court's ruling, we certainly
agree that drug testing programs are important to transportation
safety," Lundsberg said.
She said BNSF was reviewing the ruling and considering its
options.
The Transportation Department didn't respond to a request for
comment. Unions opposing the testing policy included the
International Association of Machinists and Aerospace Workers and
the Air Line Pilots Association.
-By Brent Kendall, Dow Jones Newswires; 202-862-9222;
brent.kendall@dowjones.com