The U.S. Department of Transportation has delayed until Nov. 1 a new drug-testing rule that was scheduled for Aug. 25 implementation.
The UTU, seven other rail labor unions and BNSF Railway separately have challenged the legality of the new rule in federal court. That action remains pending.
The new rule, now delayed until Nov. 1, would require employees of all transportation modes -- including railroads, transit and bus operators -- to submit to direct observation urine collection for return-to-duty or follow-up testing.
Because the rule would require disrobing by employees and direct observation of urine production, the District of Columbia Circuit Court of Appeals has been asked by the UTU, the other unions and BNSF to consider whether the rule violates the Constitution's Fourth Amendment protection against unreasonable searches.
