In response to the Drug-Free Workplace Act, the Department of Labor (DoL) instituted its Drug-Free Workplace Plan, which designated certain DoL positions as sensitive in regard to public health and safety or national security. Employees in these positions, called “testing-designated positions,” could be subject to drug testing, including testing based on a reasonable suspicion of on-duty or off-duty drug use. The American Federation of Government Employees sought to enjoin this type of testing. Will the DoL’s plan hold up in court? [AFGE v. Martin, 969 F.2d 788 (9th Cir. 1992).]