NCJ Number
126119
Journal
Industry Week Volume: 238 Issue: 9 Dated: (May 1, 1989) Pages: 67-73
Date Published
1989
Length
7 pages
Annotation
Conflicting Federal government rules, State laws, and court decisions have complicated the task of drug testing.
Abstract
Any hope for a quick end to the confusion of drug testing requirements was dashed when two U.S. Supreme Court rulings on drug testing cases (involving railroad workers and Customs Department employees) provided employers some guidance, but stopped far short of being definitive. In these cases, the court approved testing in post-accident investigations and testing workers in jobs involving security or in safety-sensitive jobs. Most experts recommend that an employer assess its situation to see whether there is a need for testing because of a severe drug problem in the workplace or a Federal government obligation. Employers can conduct educational campaigns, tighten company rules on drug use, train managers in how to detect and deal with drug users, handle it as a performance problem when a worker has a drug problem, or - if a situation is out of control - possibly resort to using undercover agents. Employers need to be aware of legal precedents to create a program that not only will be effective, but also free of legal entanglements.