Whither the Whizzinator?

Industry drug testing procedure mandatory for second offenders

The court concluded that the agency’s action was not arbitrary and capricious and did not violate the Fourth Amendment to the Constitution. It should be implemented following any further appeal proceedings.

P.S. The DOT announced on July 1, 2009 that the U.S. D.C. Court of Appeals issued its Mandate in BNSF Railway Co. vs. DOT. This means that the stay issued with the decision has been lifted and that the court’s decision is final. Direct observation is now the law as soon as it is published in the Federal Register.

Stephen P. Prentice is an attorney whose practice involves FAA-NTSB issues. He has an A&P certificate and is an ATP rated pilot. E-mail: aerolaw@att.net.

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