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Article: Post-accident testing: closing the barn door too late. (Supreme Court ruling on Federal Railroad Administration drug testing rules) (column)
- Article from:
- Railway Age
- Article date:
- May 1, 1989
- Author:
CopyrightCOPYRIGHT 1989 Simmons-Boardman Publishing Corporation. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Post-accident testing: Closing the barn door too late
It had to come down the way it did--the late-March decision by the United States Supreme Court upholding the Federal Railroad Administration's 1985 rules on alcohol and drug testing of certain railroad employees under certain conditions, mainly involving post-accident testing. If there was any surprise attached to the decision, it was that it was not unanimous, but rather by a 7-2 vote.
The dissenting jurists, Justices Marshall and Brennan, found the court majority guilty of turning its back on the prohibition of "unreasonable searches and seizures" contained in the Fourth Amendment to the U.S. ...