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Nov 6, 2008

PRIVACY ISSUE * USA - Court issues stay on

An emergency stay has delayed a federal requirement that would require transportation workers be watched when providing a urine sample for alcohol and drug testing

Washington,DC,USA -eTrucker, by Jill Dunn -5 Nov 2008: -- ...On Oct. 31, the U.S. Court of Appeals for the District of Columbia issued the motion for the administrative stay on the Department of Transportation rule that would have begun Nov. 1... Direct observation of the urine sample for return-to-duty and follow-up testing will continue to be an employer option until the court rules further, according to the department....The court will consider the constitutionality and legality of mandatory direct observation and an associated “strip search” requirement... Earlier, several rail unions and the BNSF Railway Co. petitioned for review with the court, challenging the strip search and the mandatory direct observation provisions on constitutional and statutory grounds and obtained an enforcement delay until Nov. 1. They had argued the rule violates the Fourth Amendment, which protects citizens from unreasonable searches, the union said...

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