Legal Memorandum: OSHA
The Occupational Safety & Health Administration (OSHA) conducted a study involving accidents and injuries involving printing presses at printing companies.
The study found that 88% of the accidents involved employees that were under the influence of drugs. As a result, OSHA promulgated a regulation pursuant to a delegation of rulemaking authority, which read:
- Applicability of Law
- § This law applies to any business that operates any type of printing press machinery
- Mandatory Drug and Alcohol Testing—Printing Press Operators
- § All printing company employers shall require all printing press operators to submit to a blood or urine test designed to detect the presence of controlled substances 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 that choose to undergo treatment will be tested again within 30 days and must successfully pass. Any employee who tests positively and refuses to undergo treatment will be terminated at the employer’s discretion. 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 Pat Down/Strip Search – Printing Press Operators
- All employers shall require their printing press machine operators to submit to a full body pat down and/or strip search if the employer has a reasonable suspicion, based on particularized facts, that an employee is impaired while at work. Such pat down and/or strip search is to be conducted in a private setting away from other employees. If illegal drugs or non-prescribed drugs are found in the possession of the printing press machine operator, the employer is to immediately suspend the employee and conduct a hearing on the fitness of the employee to continue work within 48 hours of the suspension. The employee may contest the results of the personal body search at that hearing.
Write a 1-page legal memorandum to your instructor that
discusses this statute, considering all the Fourth Amendment issues you
discover. Your memorandum should be Law Office Ready.