NCJ Number
128805
Journal
Labor Law Journal Volume: 42 Issue: 2 Dated: (February 1991) Pages: 111-115
Date Published
1991
Length
5 pages
Annotation
Increasingly, employers are relying on hair follicle testing to identify drug use in violation of their drug testing policies.
Abstract
The development of technology capable of testing hair is relatively new and therefore subject to attack as unproven and unreliable. The prevailing attitude seems to be that the process is bizarre, unrecognized, and experimental. However, to the extent that it is reliable, this technology represents a positive development because of its potential to minimize intrusions on the privacy interests of employees more effectively than other testing methods. Although testing hair will disclose the same private medical facts about employees that testing blood or urine would, the "taking" of hair is arguably less offensive. However, because the taking of hair to identify drug use is considered to be a similar invasion as the taking of blood, urine, and breath samples, concerns about privacy protections are equally applicable. Proponents of hair follicle testing note that confirmation testing is done for initial screens thereby dispelling concerns about reliability of test results. However, hair testing must surmount the concern that the process and initial test results are themselves unproven and unreliable. 45 footnotes