Page 27: of Marine News Magazine (May 2015)

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2007). In Northington v. Warden, 113

F.3d 1246, 1997 WL 242255, at *2 (10th Cir. 1997), the burden of proof shifts to the government only after the employee has “offered some evidence raising a genuine factual dispute as to randomness of the tests …”

A maritime employer should no more be expected to explain the math- ematical formula underlying a com- mercially accepted random software program, than explain the forensic ac- ceptability of gas chromatography/mass spectrometry as a testing methodology.

The federal government has ordained the acceptance of this methodology.

Signi