Reasonable suspicion, MROs, Employer misuse/abuse, Fourth Amendment (Department of Health and Human Services Office of Inspector General)

To Whom It May Concern:

Pursuant to the Freedom of Information Act and Privacy Act, 5 U.S.C. § 552. I hereby request the following records:

All records within the jurisdiction of the HHS as it specifically relates to SAMHSA (with which the HHS has oversight) related to, within the time frame of 2017 to 2023, to be the day on which this request is processed:

1. Records/documents that describe and detail the policies and procedures surrounding reasonable suspicion drug testing per federal law (ie, Drug-Free Workplace Act of 1988).

2. Records/documents that relate to policies/procedures/manuals (such as training manual(s)) for which Medical Review Officers (MROs) are to adhere to per SAMHSA and the Drug-Free Workplace Act of 1988. To clarify, such records should relate to MROs.

3. Records/documents that relate to employer abuse or misuse of SAMSHA, including but not limited to making false or fictitious statements to SAMSHA, and the consequences of an employer abusing SAMSHA.

4.Records/documents that relate to employer consequences, ramifications, or disciplinary actions when an employer intentionally abusing or defrauding SAMSHA (as an example, by trick or deceit).

5. Records/documents relating to if/when/how the fourth amendment applies as it relates to private employers (ie, nongovernmental employers) subjecting to reasonable suspicion drug testing.

6. Records/documents relating to the precise criteria and definition of reasonable suspicion per the Drug-Free Workplace Act of 1988.

7. Records/documents relating to if or in what manner an employer’s policies can extend beyond the scope of the Drug-Free Workplace Act of 1988 and SAMSHA’s guidelines (if such records exist) and/or what must be explicitly or expressly stated in an employer's policies related to a drug-free workplace.

8. Records that detail the sources of how or where to search for Federal Contracts in the amount of $100,000 or more OR Federal Grants when it is known that an employer must comply with SAMSHA and the Drug-Free Workplace Act of 1988.

9. Records that detail or relate to records an employee may seek and if the HHS or any agency with the HHS has oversight over if it is the case that employee submits to drug testing per the Drug-Free Workplace Place Act of 1988 under mere suspicion (ie, failure of an employer to meet the legal criteria of reasonable suspicion) and if or what manner the fourth amendment may apply to a private employer given the context of SAMHSA forming a direct nexus under the circumstances (if it known or under the jurisdiction of the HHS or SAMHSA).

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

I would also appreciate an approximate time frame for this request to be processed. Depending of the time frame for the request to be fulfilled and any fees that may be incurred, I may revise the criteria.

If you deny any part of this request, please cite each specific exemption you think justifies your refusal to release the information and notify me of appeal procedures available under the law.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Bailey Pillon

To Whom It May Concern:

Correction:

9. Records that detail recourse an employee may seek for remedy as it relates to employer misconduct as it relates to misuse of abuse of reasonable suspicion testing per the Drug-Free Workplace Act of 1988 (and through what agency, if known to the HHS). Additionally, I wish to if or in what manner the fourth amendment may apply in the context of a private employer and if such employer is considered a state actor, acting on behalf of the government, or acting under the direction of the government given the direct nexus to the SAMHSA under the circumstances.

Thank you,

Bailey Pillon

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 29, 2023. Please let me know when I can expect to receive a response.

Thanks for your help, and let me know if further clarification is needed.

Sincerely,
Bailey Pillon