NCJ Number
106465
Journal
Case and Comment Volume: 92 Issue: 4 Dated: (July-August 1987) Pages: 3-8
Date Published
1987
Length
6 pages
Annotation
Current case law indicates that in the context of drug testing, an employer or independent testing firm may be liable for negligence when tests are improperly administered, when test results are inaccurately maintained, and when an employee who has tested positive for drugs injures a third person.
Abstract
To avoid negligence, reasonable care must be used to ensure that drug testing is conducted fairly, impartially, and in accordance with industry standards. Even if a particular test is properly conducted, negligence may be incurred from the improper documentation or reporting of test results or from the mishandling of samples. Test results must also be accurately maintained. When an employee seeks new employment and the prospective employer requests information on drug tests from the former employer, the information supplied must be accurate or negligence may be incurred. An employer's knowledge that an employee has tested positive for drugs may impose a duty upon the employer to use reasonable care in controlling the employee to prevent injury to others. Claims based upon the negligent administration of tests and the negligent maintenance of test results have already been favorably acted upon by the courts. How far the courts will impose a duty to exercise reasonable care in controlling employees who have tested positive for drugs is currently uncertain. 21 footnotes.