NCJ Number
157845
Journal
South Dakota Law Review Volume: 32 Dated: (1987) Pages: 252-263
Date Published
1987
Length
12 pages
Annotation
This analysis of legal and constitutional issues and judicial decisions related to employee drug testing concludes that public employers intending to engage in drug testing should develop a detailed policy and limited to situations in which a reasonable suspicion of drug abuse exists.
Abstract
In addition, before implementing a drug testing policy, where appropriate, the employer should engage in negotiations with all the respective representative bargaining agents. After a policy has been set in place, all employees should receive proper written notice. Moreover, investigations of workplace drug abuse should be carefully and properly conducted. Premature conclusions should be avoided. When the employee's job is at stake, a back-up test should be used to confirm the preliminary results. Fourth, discipline should be applied on a progressive level with care to due process rights. The employee's privacy interest should be respected at all times. Finally, consideration should be given to extensive drug education programs as well as a rehabilitation program such as an employee assistance program. Footnotes