A federal court has upheld the Department of Transportation requirement for direct observation of drug tests for those involved in trucking, pipeline or hazardous materials work. Several unions and some employers challenged the rule as invasion of privacy and unreasonable search and seizure under the Constitution. The court found that the Department of Transportation had a “compelling interest” in public safety which overbalanced the individual interests of those being tested. BNSF Railway Co. v. U.S. Dept. of Transportation (D.C. DC, 2009).