NCJ Number
112456
Date Published
1988
Length
0 pages
Annotation
This manual provides a quick reference to technical and legal issues relating to the testing of body fluids for evidence of past use of illicit drugs.
Abstract
Following a discussion of drug use in America and resistance to testing, a review is presented of the various test methods. While the major focus is in urinalysis, testing of other body specimens (blood, breath, hair, saliva) also is covered. Technological problems with testing are examined, including false positive and negatives; and research on the reliability and accuracy of urine testing is presented. Chain of custody, confirmation testing, and quality assurance practices are also discussed. Common law and statutory issues in testing by private employers are addressed, including actions for wrongful discharge, privacy, defamation, negligence, and intentional infliction of emotional distress; and provisions under the National Labor Relations Act, the Federal Rehabilitation Act, State statutes, and the Federal Civil Rights Act are outlined. Issues related to negotiating a drug testing agreement, contractual and grievance procedures, and arbitration also are addressed. Legal issues affecting the public sector are delineated as they relate to fourth amendment, due process, and privacy rights. Problems with and challenges to pre-employment screening are considered. Considerations in testing high school and college students and testing within the criminal justice system are addressed as are alternatives to testing. Appendixes provide additional information and drug testing guidelines. Chapter footnotes, table of cases, and index.