Case Study : The Drug Free Workplace

Is drug testing an unwarranted invasion of employee privacy? Which is more important--getting drugs out of the workplace or protecting the privacy of the employee?

The performance of random drug testing has seen its fair share of scrutiny in terms of cost, test result reliability, and constitutionality. Drug testing has been fraught with controversy for decades by both employers and employees alike and there are three valid reasons as to why the testing is not ideal. One of the main elements that is a cause for concern is an employee’s invasion of privacy. When an employee tests positive, there is a strong possibility and fear that they will be permanently stigmatized. Any explanation given to the employer, whether it’s voluntary or forced on contingency of employment, violates their HIPAA Rights. Supreme Court Justice Antonin Scalia, for example, has referred to the practice as a "needless indignity" (DeCew, 1994).

The use of illegal substances is rapidly increasing in the college sports due to the expansion of supplements used by athletes that are being banned. In a study done, athletes were asked if illicit drugs would negatively impact their performance. Majority of them responded “yes”, their main reasoning being; the effects of illicit drugs were both mental and physically damaging. Illicit drugs come in many forms, but the testing procedures are all the same for any substance. There is almost always a consequence with the use of prohibited substances. Drug testing is appropriate to help ensure the safety of student athletes while they participate in intercollegiate contests. (Krotee, M 555).

Toxicology test will measure the amount of psychotropic medication drugs in the patient’s blood stream. The tests will the ability to measure for one or up to thirty different drugs. A toxicology test is normally used once a patient enters the inpatient unit. The detection periods for medications depend on the half-life of the medications (cite). The average length of time medications will last in a patient’s blood streams ranges from two to four days. If a patient is adherent to her/his medication the primal level within the blood stream should be highly detectable (cite).

Rains, B. (2009). Testing Student Athletes for Drugs is Appropriate. In C. Watkins, Sports and Athletes (pp. 192-196). Detroit: Greenhaven Press.

Drug testing in the workplace has become a controversial issue, with many believing that the act of drug testing employees is an invasion of privacy and an infringement upon rights. As more and more states legalize Marijuana there is debate whether employees can still be fired for having this “drug” in their system even though the state government, not federal, has allowed the recreational use of the drug. The “War on Drugs” significantly impacted the way employers, and employees alike perceived drug abuse and created a strong push for law enforcement to crack down on drug users. Troops returning from the Vietnam War who used Heroin also had a large impact on the drug testing protocols we see today. This paper will examine the history of drug testing, explore how testing is affected by legalized Marijuana, explore both the affirmation and the opposition to drug testing in the workplace, and conclude with recommendations for possible changes.

Drug testing in the United States began with the explosive use of illegal drugs, in order to curb drug abuse. This began during the Vietnam War with drug use at a climax. In general, Drug testing is a way to detect illegal drug use and deter it, usually by Urinalysis. Drug testing in the United States violates a citizen's right to unreasonable search and seizure's along with jeopardizing one's freedom. Furthermore, Drug testing is not only an unreliable invasion of a person's privacy but it assumes that one is guilty before submitting to the test.

Drug testing is the evaluation of a urine, blood, hair or other type of bio. Drug testing is one action an employer can take to determine if employees or job applicants are using drugs. It can identify evidence of recent use of alcohol, prescription drugs and illegal drugs logical sample to determine if the subject has been using the drug or drugs in question. There are many circumstances

In recent years the number of athletes caught using drugs has increased dramatically. The use of a illegal or unprescribed drugs can cause serious problems and unfairness in many ways. Certain drugs can cause harm to the user and the people around the user, most student athletes do not even know what they are putting into their bodies. With all the risks many persons propose student athletes to be drug tested at random.

Thesis statement: Administering a drug and alcohol policy can be challenging, but it can also be beneficial to the manufacturing company.

Throughout recent years, applicant drug testing has become one of the most prevalently used strategies by many organizations to control substance abuse in the workplace. Drug testing is a selection tool used by organizations to determine whether or not an individual has previously used drugs and/or alcohol. Most employers find that drug testing, if done correctly, is a worthwhile investment associated with increased workplace safety, lower absenteeism, fewer on-the-job accidents, improved productivity, lower theft rates, and less medical and workers' compensation expenses (Grondin 142). By identifying and screening out substance abusers, organizations believe that they are also screening out those

     There are different testing categories, and each comes under its own legal questioning. The first and by far the most common type of drug testing is pre-employment testing. This usually takes place when a company has decided to hire an employee, but makes that prospective employee pass a drug test before any sort of employment agreement is settled. Second, there is random drug testing that can involve two different policies. The first, simply being that random employees names are picked to undergo the testing. The second requiring all employees to take a drug test on a random day that can either be pre-announced or not. For example, my high school conducted drug testing on random students and on random days in a month. The third type of testing allows employers to test when they have reasonable suspicion to believe

In order to keep organization ethical as it relates to drug testing, the U.S. Supreme Court has approved four methods for drug testing. The organization can request a blood, breath, hair, or urine tests. These tests will not harm the job candidate or employee. The company will send the job candidate or employee to an off-site medical

According to Joseph Desjardins and Ronald Duska’s Drug Testing in Employment, administering a drug test before and during employment may be popular but is mostly unnecessary and a

Imagine walking into work and seeing a new co-worker acting weird, or precisely showing signs of drug use and to have no clue about it. Is it not that person’s right to know that he/she will be sharing the same environment as someone who frequently practices drug use? On the other hand, The Ontario Human Rights Commission (OHRC) recognizes that addictions to drug and alcohol are considered ‘disabilities,’ meaning those who practice drug and alcohol use are in their right to not be discriminated or judged based on their ‘disability’ and instead accommodated. This issues remains controversial to this day since every organization or individual has its own situation that emphasis drug tests and their repercussions differently. Some organizations just simply cannot be bothered to spend time and money on drug tests while others have a hard time drawing the line between what are the ethical approaches to positive drug tests. Currently, random testing of current staff in an organization without an approved written drug policy is not legal and will not be upheld by courts in Canada. This was settled by the Supreme Court in June of 2013. However, pre-employment testing of job candidates should be allowed in the workplace and be upheld by courts at any time as it is the utilitarian practice for any organization and its stakeholders.