Privacy Issues in the Workplace

d. Random Drug Testing Courts have taken varying views of random drug testing, usually upholding random drug testing of employees in safety-sensitive positions, but invalidating random testing of other employees.

Smith v. Fresno Irrigation District 276 A California court upheld the random testing of employees in safety sensitive positions involving heavy equipment, and agency vehicles. The court further considered the impact of the employees’ performance, reflexes, and judgment on the safety of others. American Federation of Labor v. Unemployment Insurance Appeals Board 277 A California court held that a random drug test of a worker on an offshore oil drilling rig did not violate the California constitutional right to privacy due to the hazardous nature of the offshore platform which gave the employer a compelling interest in maintaining a drug-free workplace. Also, the employee had a reduced expectation of privacy because he knew when he took the job that he could be tested at any time. AFGE v. Roberts 278 The Ninth Circuit Court of Appeals upheld random drug testing of correctional officers. In doing so, the court found that the government’s interest in preventing drug use by prisoners and maintaining an alert security force outweighed the privacy interests of the officers. International Brotherhood of Teamsters v. Department of Transportation 279 The Ninth Circuit Court of Appeals upheld Federal Highway Administration’s random drug testing for drivers of commercial motor vehicles, finding compelling governmental safety interest and a reduced expectation of privacy by individuals who voluntarily chose to enter a highly regulated profession with periodic extensive examinations and urinalysis. IBEW v. U.S. Nuclear Regulatory Commission 280 The Ninth Circuit Court of Appeals affirmed that all employees at a nuclear power plant could be randomly tested, including clerical, warehouse and maintenance employees not engaged in safety-sensitive work and who did not have access to the plant’s critical areas.

Privacy Issues in the Workplace ©2021 (s) Liebert Cassidy Whitmore 92