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TIME: Almanac 1993
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TIME Almanac 1993.iso
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1992-09-23
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LAW, Page 62A Boost for Drug Testing
The Supreme Court upholds screening employees in the lab
The wreck was the bloodiest in Amtrak's history. On Jan. 4,
1987, a string of Conrail locomotives rolled past warning
signals near Baltimore and collided with a high-speed passenger
train carrying more than 600 people. The fiery crash killed 16
and injured 176. Public dismay turned to anger when it was
revealed that engineer Ricky Gates had been smoking marijuana
at the controls of the Conrail train. Gates admitted the drug
use and pleaded guilty to manslaughter after a urine test,
required by the Government of railroad employees involved in
serious accidents, revealed traces of marijuana. The tragedy
fueled public support for the Government's expanding program to
test employees for drugs. But the proliferation of testing among
both public and private workers has spawned legal challenges
from civil libertarians and labor leaders who see the antidrug
campaign as a dangerous invasion of privacy.
Last week the U.S. Supreme Court, in its first rulings on
the drug-testing issue, upheld, by a vote of 7 to 2, the
constitutionality of the Government regulations that require
railroad crews involved in accidents to submit to prompt
urinalysis and blood tests. The Justices also upheld, 5 to 4,
urine tests for U.S. Customs Service employees seeking
drug-enforcement posts. Said Attorney General Dick Thornburgh:
"The court recognized that the Government can, and indeed
should, take all necessary and reasonable steps to prevent drug
use by employees in sensitive positions."
The decisions could help the Bush Administration's drive to
curb drugs on the job. A 1986 Executive Order by former
President Reagan authorizes drug testing throughout the Federal
Government. So far, more than 50 agencies, including the
Agriculture and Interior Departments, have moved to start up
programs. The random, unscheduled urine tests that some agencies
use have drawn the fiercest opposition from staff members. No
fewer than 14 challenges are winding their way through appellate
courts.
Private companies have enthusiastically followed the
federal lead in testing. The Bureau of Labor Statistics reports
that 43% of the nation's largest firms, including IBM, AT&T and
3M, have implemented drug-screening programs for job
applicants, employees or both. Last week's high-court rulings
have no direct legal bearing on most private companies, but the
decisions are expected to encourage industry to increase
testing.
Opponents of Government screening argue that it is an
"unreasonable search," barred by the Fourth Amendment. They
contend that employees should be tested only if there is good
reason to suspect drug use. But Justice Anthony Kennedy, author
of both decisions, concluded that in the cases of rail and
Customs employees, the Government need not have "individualized
suspicion." Train workers, he explained, "discharge duties
fraught with . . . risks of injury," and "employees involved in
drug interdiction reasonably should expect effective inquiry
into their fitness and probity." Justice Thurgood Marshall
dissented bluntly: "Compelling a person to produce a urine
sample on demand . . . intrudes deeply on privacy and bodily
integrity." Normally conservative Justice Antonin Scalia, who
joined his more liberal colleagues in dissenting from the
Customs decision, was equally sharp: "The Customs Service rules
are a kind of immolation of privacy and human dignity in
symbolic opposition to drug use."
Some legal scholars worried about the court's direction in
future cases. "Will it be limited to safety-sensitive positions
or broadened to include any public employee who is a role
model?" asked University of Michigan Law Professor Yale Kamisar.
Other experts doubted that the court would uphold random drug
tests for a broad spectrum of Government employees. "The pattern
of votes on the court suggests that as you get closer to
mainstream workers, the number of dissenters picks up," observed
Columbia University Law Professor Gerard Lynch.
Still, testing is likely to spread, and many workers are,
to say the least, uncomfortable with the idea. Peter Appelt, a
Government employee, had to walk through an office full of
people with a little cup in hand to get a promotion. "It was
quite embarrassing," he says. "A nurse followed me into the
men's room and stood outside the stall." He passed the test, and
is now a senior inspector for the Customs Service at New York
City's Kennedy International Airport.