NCJ Number
123012
Journal
Saint Louis University Law Journal Volume: 32 Issue: 3 Dated: (Spring 1988) Pages: 605-637
Date Published
1988
Length
33 pages
Annotation
If random drug testing programs for private sector employees are promulgated carefully and implemented properly, they can withstand scrutiny under constitutional principles.
Abstract
Random drug testing programs are described and relevant case law discussed. The principles considered by the courts in ruling on the constitutionality of public drug testing programs are applied to the private sector. If a random drug testing program for employees holding security and safety sensitive positions wishes to survive judicial scrutiny, it must provide for systematic test-subject selection, anonymous urinalysis, discrete specimen collection procedures, the limitation of information derived to determining use or non-use of drugs, and test result confidentiality. Those selected for random testing must be chosen by a computer or a neutral third party. Management should not be involved in the selection process. Written policy guidelines should be promulgated telling of the need for and purpose of the testing program. The article supplies additional guidelines to enable businesses to reasonably conduct a limited mandatory random drug testing program for private employees in safety and security sensitive positions. 175 footnotes.