Address of the Honorable Arnold I Burns Before the Annual Convention of the Federal Bar Association, September 18, 1987

• NCJ Number: 107455
• Author(s): A I Burns
• Date Published: 1987
• Length: 13 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Presentation
• Language: English
• Country: United States of America

Annotation

Having been designed to protect both individuals' rights and the public interest, the Federal employee drug testing program mandated under Executive Order 12564 is constitutional.

Abstract

Under the order, random drug testing applies only to employees in positions requiring a high degree of trust and confidence. The testing of other employees requires 'reasonable suspicion' of drug use. An initial positive test will be subjected to a more sophisticated confirmation test. Urine specimens will be provided in absolute privacy absent reason to believe that a particular person may alter or substitute a specimen. Testing cannot be conducted to obtain evidence for criminal prosecution, and treatment services will be provided for those testing positive. Due process protections should prevent arbitrary, adverse personnel action against those testing positive. In contrast to criminal proceedings, which require a probable cause determination or reasonable suspicion before search and seizure is authorized, drug testing is conducted primarily to ensure fitness for duty and protect public health and safety. The courts have thus far upheld random drug testing for certain classes of employees whose job performance is crucial to public safety.