Drug testing in the workplace is an issue because of the fact that drug abuse by American workers endangers their coworkers, reduces productivity, costs the company and eventually the consumer money, and contributes to health problems which are then paid for either by the company or the public in some fashion. Many employers have introduced some form of drug testing program in order to reduce costs and offer help to drug abusing employees. There are concerns that such testing violates privacy rights and could lead to employees being disciplined or even fired. There are also concerns that the testing is not adequate or accurate and that innocent employees will suffer as a consequence. The courts have been called in to adjudicate these matters.
Abbey and Redel (1991) review the issue as it relates to public and private employers. They consider the general issue of drug testing in the workplace, noting the increase in testing programs in recent years and the way businesses have tried to use such programs to reduce drug and alcohol abuse and to provide help for employees troubled by them. There has been increased litigation by employees unhappy with such testing, some challenging results, some challenging the right of the employer to conduct such testing, and some seeing such testing as interfering with their constitutional rights against illegal search and seizure. Employees find such tests unreliable, and they worry about the confidentiality of test results.
The courts have been asked to decide these matters and have tried to decide the constitutional issues involved. The courts have tended to see a difference between the issue for private employees and public employees. The courts have determined that drug testing is a bodily search in violation of the Fourth Amendment to the Constitution, and probable cause requirements are mandatory under the Fourth Amendment except in exceptional circumstances. The critical issue in ea...