(The Associated Press distributed the following article on February 14.)
OMAHA, Neb. — A federal judge has dismissed a lawsuit filed by a former Union Pacific conductor who claimed he was fired because he was falsely accused of trying to cheat on a drug test.
Daniel Howell of Mitchell sued accused the railroad’s drug-testing service, LabOne Inc. of Lenexa, Kan., of not properly handling a urine sample he gave for a random drug test.
U.S. District Judge Joseph Bataillon ruled this week that both the railroad and the drug-testing lab were immune from litigation under federal law.
Federal regulations that require railroads to test their train operators for drugs allow immunity for the railroads from lawsuits over the results of drug tests.
Bataillon extended that immunity to LabOne because of its contract with the railroad.
“Congress never allowed for that. I think this an extension of the law,” said Howell’s attorney, Richard Dinsmore of Omaha.
Dinsmore said his client might appeal to get some clarification of the law.
Union Pacific praised the ruling.
“Our lawyers are very pleased. … It makes it clear our procedure follows the Department of Transportation’s rules,” said John Bromley, a spokesman for the railroad.
Howell, who worked for Union Pacific for about three years, was fired in 1998 after LabOne reported that his urine sample was “not consistent with human urine.” The laboratory accused Howell of substituting other liquids for his urine.
Howell claims the laboratory failed to properly test his sample and failed to supply qualified individuals at his disciplinary hearing before his employer as required by federal regulations.
In his lawsuit, Howell had asked for $200,000 in lost earnings and benefits, and any compensation for attorney costs and general damages.
A telephone message left at LabOne’s corporate headquarters was not immediately returned Friday.
Howell was not available for comment. His listed telephone number in Mitchell has been disconnected