NCJ Number
157846
Journal
Practical Lawyer Volume: 33 Dated: (April 1987) Pages: 27-40
Date Published
1987
Length
14 pages
Annotation
This article summarizes the constitutional, statutory, and common law issues related to employee drug testing and advises employers both to be aware of these issues and to emphasize education toward prevention and rehabilitation in their efforts to address workplace drug abuse.
Abstract
Drug abuse is a major national problem; many employers have established drug testing programs. The methods of testing and the use of results have been subject to arbitration and litigation; the case law is evolving rapidly. Issues include privacy concerns, defamation, confidentiality, negligent testing, negligent entrustment, and negligent hiring. The financial costs and benefits of drug testing are not yet known, although employee assistance programs are known to have produced significant economic benefits for companies. Employers should follow several guidelines in establishing and implementing drug and drug testing policies. They should also recognize that education toward prevention and rehabilitation is the most cost- effective and humanitarian means of solving the drug and alcohol abuse problem and that rehabilitation of drug abusers is becoming increasingly successful. Drug testing can be effective in some circumstances, but it is only one tool in the effort to address the problem.