NCJ Number
112895
Journal
Government Information Quarterly Volume: 5 Issue: 1 Dated: (1988) Pages: 57-74
Date Published
1988
Length
16 pages
Annotation
This article reviews the Reagan administration's program under Executive Order 12564 which directs Federal agencies to develop drug testing and treatment programs with the goal of a drug-free workplace, and briefly outlines case law as it has evolved to allow 'reasonable' searches under the fourth amendment.
Abstract
In reviewing the application and interpretation of the fourth amendment, the development of administrative search and seizure doctrines are explored and recent cases involving drug testing are discussed. The issues of records privacy, protection of employee records, the drug-free workplace program, and the law are discussed. Drawing parallels between drug testing, airport searches, and drunk driver roadblocks, it suggests conditions under which drug testing should withstand judicial scrutiny. The Reagan administration's program is reviewed in terms of those criteria and with a view toward privacy. The article concludes that the program can be implemented legally with a significant caveat that agencies will have to design their own programs with great care. 40 notes and references. (Author abstract modified)