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4 indiv.empl.rts.cas. 1248, 4 indiv.empl.rts.cas. 1445, 1989 O.S.H.D. (Cch) P 28,702 Sandra M. Thomson George Stout v. John O. Marsh, Jr., Secretary of the Army Major-General Charles F. Drenz, Commander, Brigadier Gen. Peter D. Hildalco, Commander, U.S. Army Frank Carlucci, Secretary of Defense

Citation: 884 F.2d 113Docket: 88-2838

Court: Court of Appeals for the Fourth Circuit; July 6, 1989; Federal Appellate Court

Narrative Opinion Summary

In this case, two civilian employees at Aberdeen Proving Grounds contested the Army's random drug testing requirement, asserting it constituted an unreasonable search under the Fourth Amendment. Initially, the district court sided with the plaintiffs, issuing a permanent injunction against the testing. However, during the appeal, the Fourth Circuit Court of Appeals reversed this decision. The appellate court drew upon Supreme Court precedents in Skinner v. Railway Labor Executives Association and National Treasury Employees Union v. Von Raab, which upheld similar drug testing protocols in safety-sensitive contexts. The court emphasized the significant governmental interest in ensuring workplace safety, especially given the plaintiffs' roles involving potential exposure to lethal chemical agents. The court noted that the employees' participation in the Chemical Personnel Reliability Program, which entails routine background checks and physicals, further reduced their privacy expectations. Consequently, the court concluded that the safety imperatives at Aberdeen outweighed the privacy concerns, leading to a reversal of the district court's ruling and a remand to dismiss the complaint.

Legal Issues Addressed

Diminished Privacy Expectations in Safety-Sensitive Roles

Application: Employees involved in handling hazardous materials have reduced expectations of privacy, justifying the drug testing program.

Reasoning: Employees like Thomson and Stout possess diminished expectations of privacy due to their roles, which involve oversight and direct interaction with hazardous materials.

Fourth Amendment and Random Drug Testing

Application: The court determined that the Army's drug testing program was a reasonable search under the Fourth Amendment due to the significant governmental interest in safety.

Reasoning: The Fourth Circuit Court of Appeals determined that the Army's drug testing program, which is compliant with Department of Health and Human Services guidelines, is justified due to significant governmental interests in safety, particularly given the employees' access to lethal chemical agents.

Governmental Interests vs. Privacy Expectations

Application: The court found that the government's interest in ensuring safety in workplaces involving hazardous materials outweighs the employees' privacy expectations.

Reasoning: The government's compelling interest in workplace safety at Aberdeen, particularly regarding the handling of lethal chemical agents, justifies a drug testing program for employees.

Precedent in Similar Contexts

Application: The court relied on Supreme Court precedents upholding random drug testing in similar safety-sensitive contexts to justify the program's constitutionality.

Reasoning: The Supreme Court upheld the constitutionality of random drug testing in similar contexts, specifically in Skinner v. Railway Labor Executives Association and National Treasury Employees Union v. Von Raab.