The U.S. Supreme Court case Elizabeth Dole, Secretary of Labor, et al. v. United Steelworkers of America et al., 1989 revolved around the issue of whether a union could be held liable for failing to eliminate hazards in workplaces where it does not have exclusive control over safety matters but has negotiated and administered safety procedures through collective bargaining agreements with employers. The court ruled that under the Occupational Safety and Health Act (OSHA), unions cannot be held responsible for workplace conditions unless they are acting as an employer or create a recognized hazard which is likely to cause death or serious physical harm. This decision clarified that OSHA's duty clause applies only to employers, thereby limiting unions' liability regarding workplace safety issues.

In the dissenting opinion for the case of Elizabeth Dole, Secretary of Labor, et al. v. United Steelworkers of America et al., Justice Blackmun argued that the majority's decision to uphold a regulation allowing drug testing in industries with high accident rates was an overreach and violated workers' Fourth Amendment rights against unreasonable searches. He contended that such tests should only be permitted if there is reasonable suspicion or probable cause to believe a worker is impaired on the job. Furthermore, he expressed concern about potential misuse or abuse of test results by employers and believed that this ruling could set a dangerous precedent for future cases involving employee privacy rights.