Drug testing procedures and products are necessary for many reasons. An employee may be suspected of involvement in criminal activity based on certain behaviors. A school administrator is faced with the decision between disciplining students and protecting the safety of others. Many employers perform drug tests as part of their routine background investigations. This is not limited to criminal activity but can also be used for employment purposes.
Recently, a lot of employers have begun offering drug testing as a pre-employment precautionary practice. The initial justification for this practice was to reduce employee turnover. According to a study conducted by the Center for Disease Control, drug testing reduces the probability of workers tested positive for certain occupational chemicals by as much as 30 percent. However, some employers argue that since drug abuse is only a minority of cases of substance abuse, the cost of implementing such a policy is not justified. Similarly, other employers argue that since alcohol abuse is such a widespread problem, drug testing should not be employed unless there is strong evidence that drug abuse in employees is widespread and therefore likely to result in serious behavior problems.For more insight on drug testing services visit nicolachiropracticnellis.com.
An employee may be suspected of wrongdoing based on certain behavior. For example, if an employer observes an employee performing an extra-careful job, such as putting things in his or her mouth, or if an employee appears to be under the influence of illegal drugs, an employer may suspect that the employee is using the drug in an effort to pass the drug tests. Therefore, some drug testing conducted on prospective employees takes place in a clinical setting, with doctors administering the drug test. Other companies choose to conduct their drug testing during an on-the-job situation, for example, when a person meets with the doctor for an exam.
In order to have proper legal justification for their drug testing, employers must have reasonable suspicion that illicit drugs are being used by employees. In deciding whether employees are using illicit drugs, employers must decide what amount of the drug is sufficient to create a "substantial and reliable" problem. The Supreme Court has held that any amount of consumption that does not raise the specter of impaired driving is not enough to justify a suspicion of drug use. Employers also need to be aware of the fact that under the Due Process Clause of the Fifth Amendment employees may be denied effective compensation if they are subjected to drug testing.
Employers who choose to perform their drug tests in a clinical setting should keep in mind that drug takers often feel disoriented while undergoing the procedure. Many individuals who have been subjected to urine testing say that they were never sure what was being tested or whether they were being randomly chosen for the random treatment. Additionally, some workers may refuse to take the substance test under certain circumstances, such as if it will allow them to be hired or if it will allow them to work late after they have been scheduled for a drug test. However, even if a workplace drug testing policy is implemented, it may not be enough to protect the rights of the drug taker. An employee may still be able to sue the company for violating his or her rights. Read more on drug testing policy here.
To help identify the appropriate drug testing procedures to be applied, it is helpful to consult with an attorney specializing in this area. He or she can provide guidance as to the kinds of results employers should expect from urine testing, as well as the kinds of consequences that can occur from the testing. State laws regarding drug testing vary widely. For example, there are some states that require employers to perform drug testing based on a sample of the person's blood. Other states do not require employers to perform a blood test, but may enforce a notice of drug testing based on the results of a urine or saliva specimen. The Supreme Court has held that a drug testing policy can only be justified if it is based on a valid suspicion that the employee has used illicit drugs.Get more info related to this topic on this page: https://www.encyclopedia.com/education/applied-and-social-sciences-magazines/drug-testing-methods-and-analysis.
