Holton v. Department of the Navy

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Holton supervised a Portsmouth Naval Shipyard crane team that was moving submarine covers. Each unit weighed roughly 60,000 pounds. Holton briefed the crew and gave control over the crane to the authorized rigger, then left the crane to supervise preparation of the landing area. From this position, Holton could not see the crane’s boom. Holton’s crew had previously performed the operation, which involved a tight curve, without incident. The crane traveled too far on the inside of the curve; its boom struck Building 343, causing $30,000 in damage. Shipyard Instructions allow drug testing of employees after an accident causing damage in excess of $10,000, when “their actions are reasonably suspected of having caused or contributed to an accident.” The executive director authorized drug testing of the entire team. Holton took the test, certifying that the drug-testing contractor took the proper steps. Holton’s sample tested positive for marijuana twice. The Executive Director removed him. The Merit Systems Protection Board affirmed, finding that the Navy’s failure to provide Holton with advance written notice of why he was being tested, as required by regulation, was harmless because it did not change the outcome. The Federal Circuit affirmed. There was reasonable suspicion that Holton, who briefed the crew, caused or contributed to the accident; the drug test was properly administered and did not violate Holton’s constitutional rights or the regulation's standard. View "Holton v. Department of the Navy" on Justia Law