Suspension of Pre-employment Alcohol Testing Requirement

The United States Court of Appeals for the Fourth Circuit recently issued a decision that vacated the pre-employment alcohol testing requirements of the Federal Highway Administration's alcohol testing rule. The Court remanded this provision to the agency for further proceedings consistent with its opinion. While the pre- employment alcohol testing requirements of the Federal Transit Administration, Federal Railroad Administration, and Federal Aviation Administration were not before the Court in the case, the rationale of the Court's decision applies to these requirements as well. For these reasons, the Department is suspending the pre-employment alcohol testing requirements of each of the four operating administrations until further notice. DATES: This rule is effective May 10, 1995, except for the amendment 49 CFR 382.301 which is effective May 1, 1995.