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Drug testing in the workplace

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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.

. . .
among the issues that can be so addressed are who to test, how the testing should be done, and what to do with the test results. Nonunion private sector employers are free to implement drug testing programs under the employment-at-will doctrine, but some states do recognize exceptions to this doctrine. Pre-employment screening of potential employees has not met with any serious challenge, but screening of current employees for drugs as part of the regularly scheduled physical examination is permitted under certain circumstances. The other issues noted for collective bargaining have also been addressed by the court with varying results and with exceptions to general rules. An issue of great concern is the use of test results: Should an employee who tests positive for drugs be disciplined for an activity that may have no direct bearing on workplace performance? A New Jersey case held that drug use alone was insufficient for discipline, but the issue has not been fully addressed by the courts. Discharge based on test results may subject the employer to a wrongful discharge lawsuit, and the high incidence of false positives in drug testing make this even more likely. Disciplinary action may also be found to be in violation of
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Approximate Word count = 1291
Approximate Pages = 5 (250 words per page)

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