DOT Drug Testing Rule Intrusive But Legal: DC Circ.

Law360, New York (May 15, 2009, 12:00 AM EDT) -- While it is “highly intrusive,” a U.S. Department of Transportation regulation mandating that certain workers in the public transportation industry undergo supervised urine testing for drugs is not illegal, a federal appeals court has ruled.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit said Friday that a 2008 DOT regulation requiring direct observation of certain urine tests is not arbitrary and capricious and doesn't violate the Fourth Amendment.

All employees in the aviation, rail, motor carrier, mass transit, maritime...
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