Burli ngton 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 drivers 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 didnt appropriately consider an employees privacy," said Suann Lundsberg, a spokeswoman for Fort Worth-based Burlington Northern, the biggest U.S. railroad by revenue. "While were disappointed with the courts ruling, we certainly agree that drug-testing programs are important to transportation safety."
Lundsberg said the company is reviewing the courts ruling and=2 0"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.
Bullshit, they could give a rat's ass about employee's privacy. A direct observation test will cost more, and that is the bottom line. Most testers that I have had have been female. I want two observers, otherwise I will say the guy observing me is gay, and stared wantingly for my package.
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I started ophph with nuthin, and I can safely say I have most of it left.... <img
There used to be e pretty good looking female pee taker in Stevens Point. I am afraid that direct observation by her would only make things, um, harder
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Some people say I have a bad attitude. Those people are stupid.
OKay poeple i have thinked about this quiet alot lately nad i thought it has nothing to do with 18,000 tons of coal rolling up onany7one and being that we are all raiklroaders and we will get to eventlly if yuo juts report it to one of us modematordss and gettoo it;s a soon as we possibly can being that we are all railroader;s adn we all work diferent huors
I still can;et beleive i forhet what i was orignally going to posted
