It just creeps me out for another person to look at me under this circumstance. What do you think?
The U.S. Court of Appeals for the District of Columbia previously issued a delay in implementing the rule, which will remain on hold pending the appellate review.
The rule, as written by the Bush administration DOT last year, would require strip searches of rail and transit workers during certain mandatory drug testing.
The UTU and the other rail unions maintain it violates the Constitution’s Fourth Amendment prohibition against unreasonable searches.
Under current and still effective rules, a rail carrier has the discretion to require direct observation during an individual return-to-duty or follow-up test, but is not required to do so.
The Bush administration DOT sought to replace this discretion with the mandatory-observation rule.
Specifically, the currently delayed DOT rule would require that a same-sex observer employed by the railroad "request the employee to raise his or her shirt, blouse, or dress/skirt, as appropriate, above the waist; and lower clothing and underpants to show, by turning around, that they do not have a prosthetic device [that could be used to deliver a substituted urine specimen.
After the observer has "determined that the employee does not have such a device, [it] may permit the employee to return clothing to its proper position for observed urination," according to the challenged rule.
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