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WASHINGTON—US airlines want to delay implementation of a new rule
forcing them to observe urine collections for employee
drug tests, saying employers need time to hire and train
more workers.
Airlines
need more test-sample collectors who are the same gender
as test takers, the carriers said through their two
Washington trade groups. Currently, most employees
tested are men while the majority of those who collect
the samples are women, the groups said.
The
gender divide was previously inconsequential because
observation was required in only a few cases, the Air
Transport Association and Regional Airline Association
said in a petition to the US Transportation Department
released late Tuesday.
The
airlines’ request follows a similar petition by railroad
trade associations on August 6. Also, Burlington
Northern Santa Fe Corp., the second-largest US railroad,
and eight labor unions filed a legal challenge to the
new rule August 13.
The
Transportation Department has received the industry
requests and “will respond to these petitions,” the
agency said in an e-mailed statement, without being more
specific.
Transportation Secretary Mary Peters announced the new
rule on June 30 as a way to cut down on drug-test
cheating. The rule covers 12.1 million employers,
workers and test monitors.
US truck
driver tests may not be rigorous enough, with 42 percent
of screening locations visited by investigators failing
to follow proper procedures, the Government
Accountability Office (GAO), Congress’ investigative
arm, found in a study published in May.
In 2007
the GAO found that truck drivers can easily cheat on
drug tests by using fake licenses and submitting diluted
urine samples. GAO investigators used bogus licenses to
undergo screening at all 24 test sites examined, showing
users could evade detection by sending others in their
place.
The
airlines cited the new rule’s provision that requires
direct observation of tests for workers returning to
duty or taking follow-up examinations. They also cited
regulations forcing observers to ask employees to remove
clothing to ensure the workers don’t have a prosthetic
device.
The
two airline groups’s members include carriers such as
AMR Corp.’s American Airlines, UAL Corp.’s United
Airlines, Mesa Air Group Inc. and Pinnacle Airlines
Corp.
The
Association of American Railroads and American Short
Line and Regional Railroad Association also asked
Peters’s agency for a delay in the rule implementation
to November 1.
In
a filing with the US Court of Appeals in Washington,
lawyers for Burlington Northern’s BNSF Railway Co. said
supervised testing without “reasonable suspicion”
violates the US Constitution’s ban on unjustified
searches.
The
Brotherhood of Locomotive Engineers and Trainmen, the
United Transportation Union International and other
groups also signed onto the filing.
The
Transportation Department said in its statement that it
“has also received notice of the litigation and will
respond to that as appropriate.” Bloomberg |