NCJ Number
155861
Journal
Employee Relations Law Journal Volume: 17 Issue: 3 Dated: (Winter 1991-92) Pages: 459-471
Date Published
1992
Length
13 pages
Annotation
In considering the implementation of a drug screening program, many public sector employees may encounter complex legal questions regarding the decision to test and uncertainty about appropriate components of an effective drug testing plan; a survey of applicable case law suggests that this confusion is warranted.
Abstract
Several drug testing programs have been subjected to scrutiny under various constitutional amendments, and a recent circuit court ruling (Bluestein v. Skinner) demonstrates consistency in appellate-level treatment of random drug testing programs. Programs addressing a compelling government need to test safety-sensitive personnel should withstand constitutional challenges, provided that such programs ensure the integrity and reasonableness of collection, chain of custody, and analysis procedures. Public sector employers, however, must carefully consider the scope, method, and motive of any drug testing program before implementation. Case law suggests that, absent assurances of government need, procedural integrity, test accuracy, prosecutorial bans, and a nexus between employee duties and feared repercussions of a drug-related mishap, all drug testing programs may not be constitutional. The government's need to safeguard public health and welfare is discussed in the context of individual liberties and privacy considerations. 36 footnotes