Casey Jones- The Whizzinator Gig Is No Good

[FELA FELLA]

Burlington Northern Santa Fe Corp. and transportation unions lost their challenge to a federal rule requiring airline and railroad companies to observe urine collections for employee drug tests. A U.S. appeals court said Friday that the Transportation Department acted within its authority to order that someone observe the urine collections as a way to cut down on drug-test cheating. “Although we recognize the highly intrusive nature of direct observation testing, we conclude that the regulation complies with the Fourth Amendment”; prohibition against unreasonable searches, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit ruled. The Transportation Department sought to impose the rule last year on workers at railways, airlines, pipelines, motor carriers and mass-transit agencies, saying the tests can be circumvented through steps such as using fake driver’s licenses. The legal challenge put on hold the part of the policy that applied to workers returning to duty or taking follow-up exams after previously testing positive. “We felt the new requirement didn’t appropriately consider an employee’s privacy”, said Suann Lundsberg, a spokeswoman for Fort Worth-based Burlington Northern, the biggest U.S. railroad by revenue. “While we’re disappointed with the court’s ruling, we certainly agree that drug-testing programs are important to transportation safety.” Lundsberg said the company is reviewing the court’s ruling and “will be considering our options and conferring with the union representative of our employees.” The rule calls for a person of the same gender to observe the collection of urine. Most workers currently tested are men, while most of those who collect samples are women, rail and airline trade groups said. The gender divide was previously inconsequential because observation was required in only a few cases, they said. FELA FELLA COMMENT: Please see attached case with my comments. This is truly an extraordinary Constitutional opinion that will certainly impact your workplace. Steve Gordon FELA Claim Lawyer | Railroad Employee Injury Attorney | Railroad Worker Injury | Train Accident

[Hornblower]

Could search and seizure of one's cell phone be far off?

HB

[FELA FELLA]

WASHINGTON -- The DOT has reinstated the requirements for observation collection of urine samples for all return-to-duty and follow-up drug tests, effective August 31. The original regulation, which was enacted in 2008 as a way to prevent employees from cheating on drug tests, was put on hold after BNSF and 9 other groups sued the DOT over the new rule,according to published reports. The DOT issued a stay until the court came to a decsion.


Last year, the DOT decided to reinstate the old language of the rule until the stay was lifted, making direct observation collection an option for the employer, rather than mandatory. On July 1, the court ruled against the groups, lifting the stay on the regulation.
In May 2008, the court determined that direct observation was not arbitrary and capricious, taking into account the vast availability of cheating devices.
"We view this to be important in light of the fact that there has been a good deal of conflicting information in the transportation and drug testing industries about the requirements and because of the complexities of the various petitions, court actions, and rule changes on the matter," the DOT's final rule posting said.