Drug Testing in the WorkPlace
Drug testing in the workplace is a
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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, and employers are concerned about lawsuits over errors, privacy issues, violation of rights, or unauthorized disclosure of test results. 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 and related matters. Fuqua and McHaney (1995) note that controlling drugs in the workplace is one of the most difficult problems facing employers today: The use of alcohol and drugs during working hours is most often a covert activity that is identifiable only by circumstantial evidence. The frequency of substance abuse has, however, required that employers institute policies and procedures to control and contain a problem that can otherwise affect safe operations, company morale, productivity, and profitability (Fuqua & McHaney, 1995). However, employers also have little
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lusion and can be used by employees to challenge random drug testing programs. In order to win such a challenge, the employee would have to establish that the random testing to which he or she was subjected "intruded" on their "privacy" in a way that would be considered "highly offensive" to a "reasonable person." This is a standards that is vague, and the law in this area is relatively undeveloped. Still, this tort is being used more and more often with some success. Another problem the employer might face involves labor relations, and drug and alcohol testing of employees (as opposed to applicants) is a mandatory subject of bargaining. This means that unionized employers cannot implement such tests unilaterally but must provide the union with notice and bargain if asked. Even though most unions are likely to accept reasonable testing on suspicion, they usually oppose random testing of any kind. Nonunion employers can also encounter labor relations issues because random testing programs always create feelings of insecurity, oppression, and anxiety among employees, which may cause them to seek outside help, such as from a union. At the same time, there are risks for the employer in not testing. The courts have generally
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Some common words found in the essay are:
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Approximate Word count = 3272
Approximate Pages = 13 (250 words per page)
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