Customs Service Employees’ Union Sues to Block Urinalysis Drug Tests

A federal employees’ union filed suit Wednesday in U.S. District Court in an attempt to stop the Customs Service from requiring workers to undergo urinalyses to detect use of illegal drugs.

Robert Tobias, president of the National Treasury Employees Union, said such a drug-screening program is “lunacy” and violates the constitutional rights of Customs Service employees.

The union represents about 4,000 customs employees, most of whom guard U.S. borders, ports and international airports.

Customs spokesman Jim Mahan said: “We will not comment on anything that is in litigation.” He did say that initial testing began on May 16 with some of the senior executives, “and they all proved negative.”

Customs Commissioner William von Raab said in a memorandum earlier this year that he plans to start a drug-screening program that would initially require urinalysis drug testing for new job applicants and employees seeking promotions. After that, the program would be expanded to include random testing of current employees.

Von Raab said employees would be tested for substances such as marijuana, amphetamines, cocaine, heroin, morphine and PCP.

The suit said the Customs Service’s plan violates the rights of its employees to be free of unreasonable searches and seizures. It said it also violates their right not to be deprived of their liberty or property without due process of law. Additionally, it charged that the program violates privacy laws.