Chandler v. Miller, 520 U.S. 305, 11 (1997)

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Cite as: 520 U. S. 305 (1997)

Opinion of the Court

and, more important, railway employees, "by reason of their participation in an industry that is regulated pervasively to ensure safety," had diminished expectations of privacy, id., at 627.

"[S]urpassing safety interests," the Court concluded, warranted the FRA testing program. Id., at 634. The drug tests could deter illegal drug use by railroad employees, workers positioned to "cause great human loss before any signs of impairment become noticeable to supervisors." Id., at 628. The program also helped railroads to obtain invaluable information about the causes of major train accidents. See id., at 630. Testing without a showing of individualized suspicion was essential, the Court explained, if these vital interests were to be served. See id., at 628. Employees could not forecast the timing of an accident or a safety violation, events that would trigger testing. The employee's inability to avoid detection simply by staying drug free at a prescribed test time significantly enhanced the deterrent effect of the program. See ibid. Furthermore, imposing an individualized suspicion requirement for a drug test in the chaotic aftermath of a train accident would seriously impede an employer's ability to discern the cause of the accident; indeed, waiting until suspect individuals could be identified "likely would result in the loss or deterioration of the evidence furnished by the tests." Id., at 631.

In Von Raab, the Court sustained a United States Customs Service program that made drug tests a condition of promotion or transfer to positions directly involving drug interdiction or requiring the employee to carry a firearm. 489 U. S., at 660-661, 667-677.3 While the Service's regime was

3 The Service's program also required tests for individuals promoted or transferred to positions in which they would handle "classified" material. 489 U. S., at 661. The Court agreed that the Government "ha[d] a compelling interest in protecting truly sensitive information." Id., at 677. However, we did not rule on this aspect of the program, see id., at 677-678,

315

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