District Court, D. Massachusetts April 18, 2002, CIV.A. 95-10837-GAO (Byrne v. Massachusetts Bay Transportation Authority)

MEMORANDUM AND ORDER

O’TOOLE, District Judge.

In 1991 Congress directed the Secretary of Transportation to prescribe regulations that would require recipients of federal mass transportation grants to conduct drug and alcohol testing of employees responsible for the performance of safety-sensitive functions. 49 U.S.C. § 5331(b) (Omnibus Transportation Employee Testing Act of 1991 (“OTETA”), Pub.L.