Term Paper on "Employee Drug Testing"

Term Paper 5 pages (1276 words) Sources: 1+

[EXCERPT] . . . .

6 million drug tests performed, only 7.5% were positive for drug use. This was a drop of 0.9% from the previous year. (Positive Drug Tests...1995)

So are the new policies on pre-employment and random drug testing actually dissuading U.S. workers from using drugs? According to a recent article the new boom of drug tests has not decreased overall drug usage among workers but it has "spawned a whole (new) industry of tricks to (help employees) avoid being tested as positive."(New Trade Boom, 2000)

So what is the real business argument for drug testing in the work place? Why is it necessary and more over -- is it ethical? What are the legal implications of workplace drug testing? Should employers be responsible for what their employees do in their free time? "No employer has the civil liberty to ignore the consequences of substance abuse in the work-place and the impact that it has on the public...anyone who wants to argue on the contrary should (look at the facts)." (Langdon-Down, 1997)

Other people feel that as a general rule, this is definitely an issue of privacy and that employers should not take on the role of policing their workforce unless they exhibit behaviors often associated with drug abuse. (Langdon-Down)

However, this method often is subjective and may lead to claims of racial profiling and discrimination, which is why most employers opt to test randomly and do very little for-cause drug testing unless absolutely warranted.

I think the strongest argument in favor of drug testing lies in the fact that "employers face a number of potential liabilities, including personal injury and constructive discharge dismissal claims from employees harmed by someone who was under the influence of drugs or alcohol, and personal injury claims from members of the public (who are) harmed by an employee under the general vicarious liability procedure." (Langdon-Down) In other words if an employer knows (or should have known) that an employee was driving a company car or operating a forklift under the influence of drugs or alcohol, than the employer is vicariously liable should someone be injured or even killed as a result of their actions. With this in mind, I feel that drug testing makes good sense, and is an ethical practice. But what about the white collar worker? How can a banker, for instance, harm someone at work if he or she is on drugs? Well, I'm sure that many of us would think twice about entrusting our money to a bank whose employees were drug addicted. We might not be in physical danger from these employees, but our money might not be as safe as we would like.

In the end, every person has the right to refuse to submit to a drug test -- and conversely, employers have the right to conduct these programs and not extend offers of employment (or continued employment) for those that do not comply.

References

Castro, Janice, et al. (1986, March). Battling the Enemy Within:

Clarke, Allison (1998, November 19). Law: Randomly Testing Time. Independent, 16.

Companies Fight to Drive Illegal Drugs out of Workplace.

Drug, Alcohol Tests at Work Ruled Acceptable. (2002, July 22). The Toronto Star

Henzell, John (2000, November 24). Drug Tests at Work Growing. The Press, p. 7.

Kossoff, Julian (1998, November 22). Random Testing Puts Drug Users' Jobs on the Line. Independent Sunday Edition, p. 6.

Langdon-Down, Grania (1997, July 16). The Case for Random Drug Tests at Work. Independent, p. 41.

McLean, Sally (2001, December 17). Soaring Cost of Drugs at Work. Daily Record, p. 8.

Morem, Sue (1996, October 22). Don't Count on Getting the Job if You Refuse Drug Test. Minneapolis Star Tribune, p. 02D.

New Trade Boom to Cheat Drug Tests at Work. (2000, May 02). The Southland Time, p.… READ MORE

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