WMSC wins magistrate's order backing subpoena for fitness-for-duty audit; district judge review next

A magistrate judge in the U.S. District Court for the District of Columbia has granted the Washington Metrorail Safety Commission (WMSC) the opportunity to enforce a subpoena seeking WMATA documents for a stalled 2024 fitness-for-duty and occupational health programs audit.

Ms. Silvall, WMSC counsel, told commissioners that WMATA initially refused two document requests in early 2024—one on blood and alcohol testing processes and another on occupational safety and worker health. After months of negotiations, WMSC issued a subpoena in April 2024. The magistrate's Dec. 17 order found the WMSC has authority under the compact and regulations to conduct the audit and that the subpoena was not unduly burdensome.

WMATA filed objections to the magistrate's ruling, and WMSC filed a response on Jan. 14. Ms. Silvall said WMATA has the opportunity to file a reply to that response and that the next step is the district court judge's review of the magistrate's order.

WMSC staff said auditors are otherwise ready to proceed with the fitness-for-duty audit once the documents are available. Commissioners heard that portions of the dispute were resolved earlier in the process—specifically some blood and alcohol documentation—but that occupational health records remain contested.

Why this matters: WMSC said the fitness-for-duty audit addresses readiness and impairment risks—including testing and medical screening—that relate directly to operator performance and passenger safety. The outcome of the district court review will determine whether WMSC obtains the documents it says it needs to complete the audit.

What commissioners asked: Commissioners pressed for clarity on timing and next steps; Ms. Silvall said the WMSC is hopeful for a speedy decision at the district-court level but that WMATA's reply is due imminently. Chair Hart and others emphasized WMSC staff's readiness to proceed when documents are produced.

Next step: The district court judge will review WMATA's objections to the magistrate's order; WMSC staff will resume the audit once the documents are available or if the court directs production.