The Legality Of Drug Testing In The Workplace

Future employers are indirectly involved with the idea of university’s drug testing students because employers hire the students of each graduating class. Employers view their future employees based on their student academic record, which may not be a complete representation of students who use cognitive enhancers. Employers want to hire individuals who can maximize each hourly work, keep focused, stay alert, and drug free, and university drug tests could bring clarity to employers in drug use within the

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).

How many people have had an interview for a job, received a call that they were hired, and then heard their future employer say that they will have to do a drug test before they can start this new job? “Although many people think that illegal drugs such as marijuana, heroin, cocaine and other street drugs became a problem for youth in the 1960’s the truth of the matter is that there has always been a drug problem in the United States when it comes to substance abuse”(testcountry.org). This past summer I had an interview at Russel Stover Candies, when they called to tell me that the position was mine, they then informed me that I would have to pass a drug test before I could officially have the job. Although some jobs and people believe that drug testing in the workplace should take place, many people do not believe in drug testing. Opponents of WDT (Workplace drug testing) argue that the process of drug testing amounts to an unwarranted invasion of a person’s private life and their body. Some people believe that the statement “free consent” is impossible to obtain. Drug testing did not come into play in the United States until the late 1980’s as a part of the Reagan administration. Before that, there was no standard way for jobs, schools, and even sports to drug test employees, students, or athletes. People that had jobs working with heavy machinery or people that worked in the Department of Transportation were mainly the ones getting drug tested. The issues with drug

There are a lot of companies that require any job applicant to submit a drug test. According to the 2010 National Survey on Drug Use and Health, 66% of substance abusers age 18 and older were employed. Employers spend between thirty and fifty dollars per test per person. Employees find that substance abusers increase employee turnover which end up costing them more money in the long run because of the cost of training. The Substance Abuse and Mental Health Services Administration conducted a study in 2007 that said substance abusers change jobs as often as three times a year. Employers that require drug testing saw a 16% decrees in employee turnover rates. Another reason an employer may require drug testing is because people with no substance abuse problems are more productive. People with substance abuse problems are also 2.5 times more likely to call into work. Companies who require drug testing also saw a 50% decrease in workers compensation clams. So in the long run, employers end up saving a lot of time and money by drug testing all job applicants.

Drug abuse has always been a very delicate question as it always it deals with the health, well-being and even lives of human beings belonging to any country. Many people have argued that mandatory drug testing is a violation of their civil rights guaranteed by the Constitution. The Fourth Amendment grants you the right against unreasonable searches and seizures, otherwise known as a person's right to privacy. However, employers have the right to know whether or not the people working under them are stable to do their jobs. Indeed, for safety of all the humans randomly drug testing is the best way to maintain the quality of the employees.

This is not a new technique as it has been around for sometime though in a different setting. Currently, most Americans working in either the private or the public sector must undergo a urinalysis test in order to keep their present jobs or get a new one (The Lectric Law Library par.2). This test is carried out in order to assess whether the worker is using drugs in order to evaluate the job performance of that particular worker. However, this exercise has faced a number of obstacles particularly law suits that have seen many federal courts rule out these practices in the workplaces. They are considered unconstitutional except when there is a reasonable suspicion on a particular individual who can then be forced to undertake the tests. Despite these obstacles many people believe that the employers have a right to assess the performance of their employers in order to safeguard their investments. Moreover, innocent employees need not worry if they have nothing to hide about their personal lives since the tests do not pose any life threatening experiences (The

The issue of drug testing in the workplace has sparked an ongoing debate among management. There are many who feel that it is essential to prevent risks to the greater public caused by substance abuse while on the job. However, others believe that the costs far outweigh the benefits and that it is an invasion of privacy. Putting all ethical issues aside, evidence presented in this paper supports the latter. The costs of drug testing are excessive and only a small percentage of employees are actually found to be substance users. Drug testing in the work place has a negative effect on productivity; contrary to what was originally intended. It actually decreases productivity

Major corporation's require drug tests for people applying for a job position. This is a good way for companies to make sure they don't hire employees with substance abuse problems. Hiring people with substance abuse problems is common in the NFL. This is concerning because the NFL requires a drug test for all players entering the league. Collegiate players entering the draft are tested before they can become eligible for the NFL. If a person applying for a corporate position gets caught with drugs in his system, they will be dismissed

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

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

The issue of drug testing in the workplace has sparked an ongoing debate among management. There are many who feel that it is essential to prevent risks to the greater public caused by substance abuse while on the job. However, others believe that the costs far outweigh the benefits and that it is an invasion of privacy. Putting all ethical issues aside, evidence presented in this paper supports the latter. The costs of drug testing are excessive and only a small percentage of employees are actually found to be substance users. Drug testing in the work place has a negative effect on productivity; contrary to what was originally intended. It actually decreases productivity instead of improving it. Drug testing causes a feeling

In many years, companies adopted many programs to monitor substance abuse in the workplace. The implementation of drug testing by companies grew in recent years. American workers have seen a dramatic increase in the use of drug testing in the previous years. Drug testing is implemented to assure safe workplaces for American workers. Drug testing can reduce the company’s health care and insurance costs. Even though drug testing has become common in the workplace, there is little research that exists regarding this matter. Overall, drug testing affects the decisions of workers by adopting a “zero tolerance” policy. Experienced users try to beat these tests by using drug to cancel the tracking of the drug itself. These workers attempt to avoid the detection of drug use for long periods (Borack, 1995).

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