LEGAL MEMORANDUM: OSHA, Administrative Law help

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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.

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