Unions Challenge New DOT “Urine Observation” Rule

Several unions have filed suit to prevent enforcement of a Department of Transportation (DOT) rule that would require transportation employees who previously tested positive for a banned substance to be observed when giving urine samples. The rule will take effect August 25, unless the court intervenes. (BNSF Railway Co. v. DOT, No. 08-1264 (D.C. Cir))
The unions contend that the rule violates the Fourth Amendment protection against unreasonable searches and that it was issued without the notice required by the Administrative Procedure Act. The DOT maintains that the rule is necessary given the “wide variety of products for adulteration of urine” that are now available.
The DOT’s drug rules apply to more than 12 million employees who work in “safety-sensitive” transportation jobs.
Stay tuned for more.
Article by Mark Toth, Chief Legal Officer of Manpower’s North American operations, and courtesy of Manpower Employment Blawg. Mark also serve as Chief Compliance Officer and Vice President of Franchise Relations and serve on our Global Leadership Team, North American Lead Team, Executive Diversity Steering Committee and Sarbanes-Oxley Steering Committee.

Originally posted by Candice A