Violating the environmental laws can be a criminal offense, ...

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Violating the environmental laws can be a criminal offense, punishable by a prison term.
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Question 2

Why does the law differ between public-sector employers and private-sector employers in their testing of employees for drug use?

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Answer to Question 1

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Answer to Question 2

Public employers are bound by the provisions of the U.S. Constitution. When a public employer sets up random testing of public employees, this is state action. If a state or municipal agency is involved, the action is subject to the Fourteenth and Fourth Amendments. If a federal agency is involved, the action is subject to the Fourth Amendment. Private employers are not bound by these provisions, as such, but are bound by the NLRA, collective bargaining contracts, and any state laws dealing with drug testing.