Administrative law discussion, law homework help

Hypothetical scenario: State Motor Vehicles and Transportation Agency (SMVTA) conducts a study and concludes that most accidents involving passenger 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 the Law: This law applies to any organization, whether public or private, which provides passenger transportation in motor vehicles that have the capacity of carrying ten or more passengers.

Mandatory Drug and Alcohol Testing–Drivers: All employers shall require all employee-drivers to submit to a blood or urine test designed to detect the presence of controlled substances 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 witnesses. 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 suspension.

Mandatory Drug and Alcohol Testing–Nondrivers: All employers shall require all employees to submit to a blood or urine test designed to detect the presence of controlled substances or alcohol if the employer has a reasonable suspicion, based on particularized facts, that an employee is impaired while at work. Such test is to be conducted in a safe and medical environment. Urine testing shall be conducted privately without the presence of witnesses. If a test reveals that the employee is impaired, the employer may either suspend the employee or require the employee to enroll in a certified treatment program. Employees may contest the results of the test at a hearing that is to be conducted within 48 hours of the suspension or referral for treatment.

Mandatory HIV/AIDS Testing–Drivers: All employers 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. Driver may contest the results or the test at that hearing.

DISCUSSION: Discuss the statute, considering all the Fourth Amendment issues you discover, including in your discussion the 4th Amendment problems you see and the parts of the statute that comply with the 4th Amendment requirements. Use your case briefs and the reading from the week to support your discussion.