Answer to Question 1
The Supreme Court has permitted warrantless, suspicionless drug and alcohol testing of employees based on federal regulations. In Skinner v. Railway Labor Executives' Association, 489 U.S. 602 (1989) and National Treasury Employees Union v. Von Raab, 489 U.S. 656 (1989), the Court upheld the constitutionality of certain regulations that permit drug and alcohol testing. The Court cited two reasons for its decision. The first was deterrencewithout suspicionless drug testing, there would be no deterrent to employees to stay off drugs. The second reason was that drug testing promotes businesses' interest in obtaining accurate information about accidents and who is responsible.
Answer to Question 2
In a case very similar to T.L.O., the Court held that neither a warrant nor probable cause was required to search a government employee's office, but the search must be a noninvestigatory work-related intrusion or an investigatory search for evidence of suspected work-related employee misfeasance.
Some drug labels show the USP symbol; others do not.
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Testing for Homans’ sign
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The Dual Court System