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D.N.J.: Public landscaper subject to random drug screens

By John Wesley Hall, Jr.

A sewage commission’s landscaper was subject to random drug screens because the equipment he operated needed unimpaired operators. Mollo v. Passaic Valley Sewerage Comm'rs, 2009 U.S. Dist. LEXIS 121009 (D. N.J. December 30, 2009): On the other side of the calculus, the government's interest in suspicionless drug testing of Landscapers like Mollo is weighty, since landscaping duties at the PVSC involves the use of and close contact with machinery that can pose a danger to other employees and the public, and because Mollo sometimes performed his job duties alone and without supervision. Although the main thrust of Mollo's job duties was not to safeguard the public, like those of police officers, Policeman's Benevolent Ass'n, 850 F.2d at 135, or firefighters, Wilcher, 139 F...continue to full post

Full post as published by Fourth Amendment on January 02, 2010 (boomark / email).