Implementation Guidelines - Federal Transit Administration - U.S. ...

Because FTA has consistently held that the determination to retain or discharge an
employee for having tested positive is a local decision, this opinion is not viewed as
establishing a conflict between the ADA and FTA’s drug and alcohol testing rule.
7. Unreasonable Searches and Seizures Claim
Dwan, et al. v. MBTA
Dwan, et al. v. MBTA, filed as a Memorandum of Decision (civil Action No. 95-12430-
6AO) addressed the claim that the MBTA testing program violated the Fourth Amendment
to the United States Constitution that prohibits unreasonable searches and seizures. The
plaintiff asserted that he did not occupy a safety-sensitive position. The court held that
maintenance functions performed by the plaintiff (i.e., repairing and installing body panels
and welding and repairing vehicle understructure) were consistent with the regulatory
definition of a safety-sensitive position and thus, including the plaintiff in the random
testing program does not violate the Fourth Amendment.
Additionally, other requirements imposed by the MBTA that exceed the FTA
requirements but do not conflict or interfere with the requirements of the rule, were
challenged. The court concluded that the differences between the explicit requirements of
the regulations and the MBTA program as adopted appear to be authorized in 49 CFR Part
653.11 and thus, the plaintiff’s claim had no merit.
Chapter 2. Regulatory Overview 2-28 August 2002