NCJ Number
116667
Date Published
1988
Length
12 pages
Annotation
The Committee on Individual Rights, Health, and Human Resources of the American Bar Association Section of Urban, State, and Local Government Law has prepared these general guidelines for public employers to use in initiating an employee drug-testing program.
Abstract
Guidelines for initiating a testing program are to establish the justification and scope of a drug abuse policy at the outset and to inform all employees of the drug abuse policy. Generalizations on the application of the fourth amendment in the drug-testing context are encompassed in the guidelines. They state that an employer may conduct pre-employment drug testing by urinalysis in those jobs where physical fitness, safety, or security are issues of particular concern. Current employees may be so tested as part of a required routine physical examination designed to ensure fitness for employment. Current employees may also be tested when specific facts warrant reasonable suspicion that an individual might be using drugs. Random or unannounced drug testing of current employees may be upheld by the court. Regarding due process requirements, drug screening procedures must ensure that the collection, handling, and testing procedures are reliable and accurate; confidentiality of test results must also be ensured; and due process rights must be protected in dismissals resulting from drug tests. If the employer's demand for a urine sample is reasonable, an employee can be terminated for not complying. 31-item bibliography.