State Motor Vehicles and Transportation Agency (SMVTA) conducts a study and concludes that most accidents involving pass3enger buses are caused by bus drivers who are under the influence of alcohol or drugs As a result, SMVTA promulgates a regulation pursuant to a delegation of rulemaking authority from state legislature, which reads:

Applicability of Law

This law applies to any organization, whether public or private, that provides passenger transportation in motor vehicles that have the capacity of carrying ten or more passengers at one time.

Mandatory Drug and Alcohol Testing-Drivers

All employers shall require all employee drivers to submit blood or urine test designed to detect the presence of a controlled substance or alcohol immediately after the employee has been involved in an accident while driving one of the employer's transportation vehicles. Such test is to be conducted in a safe and medical environment. Urine testing shall be conducted privately without the presence of a witness. If a test reveals that a driver is impaired, the employer is to immediately suspend the driver and conduct a hearing on the fitness of the driver to continue work within 48 hours of the suspension.

Mandatory Drug and Alcohol Testing- Non-Drivers

All employers shall require all employee drivers to submit blood or urine test designed to detect the presence of a controlled substance or alcohol if the employer has a reasonable suspicion based on particular facts, that an employee is impaired at work. Such test is to be conducted in a safe and medical environment. Urine testing shall be conducted privately without the presence of a witness. If a test reveals that an employee is impaired, the employer may either suspend the employee or require the employee to enroll in a certified treatment program. Employee may contest the results of the test at a hearing that is to be conducted within 48 hours of the suspension or referral to treatment.

Mandatory HIV/AIDS Testing-Drivers

All employees shall require their employee drivers to submit to an HIV/AIDS test once yearly. Such test is to be conducted in a safe and medical environment. If a driver tests positive, the employer is to immediately suspend the driver and conduct a hearing on the fitness of the driver to continue work within 48 hours of the suspension. The driver may contest the results of the test at the hearing.

Discuss this statute, considering all the Fourth Amendment issues you discover.

Answer rating: 100% (QA)

Answer The statute outlined by the State Motor Vehicles and Transportation Agency SMVTA raises several Fourth Amendment issues regarding the constitut... View the full answer