...Drug Testing In The Workplace Drug Testing in the workplace can seem impersonal and invasive towards employees but it is a process that is done when an employer has reasonable suspicion that employees are using drugs at work coming from a variety of sources such as tips, accidents or behavioral problems, actual observation of drug use, and symptoms of drug usage. Today businesses feel that they have to be well aware that their workplace is a drug free place and that their employees are stable and productive and in doing so, employers result to drug testing. Many feel that drug testing is a good tool to use to have an ideal workplace culture and that most would feel like they have nothing to hide so why object? But not everyone feels the same, others do feel that drug testing like said before, is a violation of privacy and has no sense to be done. Even though one can feel this way that doesn’t make that employee a drug user just that most actually feel that drug testing is degrading. Drug abuse in the work place can affect performance and safety on the job and how an organization see’s it is that drug testing will help eliminate those poor factors. A clear written policy that outlines the employer’s expectations concerning drug use will allow for drug testing in a drug free workplace environment program. The program does have to include training the management on the signs and symptoms that would allow them to perceive with drug testing on employees. Also programs teach...
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...It’s Best if You Drug Test! Do you think it is fair that you work only for your paychecks to be reduced by taxes that support government assistance? This government assistance is anywhere from cash assistance each month to food stamps or Medicaid. Anyone can receive this help each month as long as they fall below the maximum income amount allowed. By anyone I mean drug users. People that would rather spend their money on illegal substances that their own food or healthcare. I believe that people that receive government assistance in North Carolina should be randomly drug tested throughout the time period that they are receiving them. There are a few reasons why I believe this. First, funds are getting low, which means less money available to help the people that actually need it. Secondly, if you can spend your money on drugs or other extracurricular activities, why can’t you buy your family food or pay medical bills. Another reason is that drugs are a barrier to self-sufficiency. If you have drugs and government assistance to fall back on then why get a job? Last but not least, there will be less fraud committed if we drug test recipients. Shortages in funds affect many organizations. A major one is government assistance. If you walk into The Department of Social Services all you see are signs saying that they do not have enough funds to help pay your bills or other things you may need help with. There is a shortage in funds with public housing also. Just the...
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...seeking government assistance be required to take drug tests? INTRODUCTION On August 22, 1996, President Bill Clinton signed the Personal Responsibility and Work Opportunity Act, also known as the Welfare Reform Bill, into effect ending welfare as it had been known for many years. “This law transformed the traditional entitlement to cash welfare under Aid to Families with Dependent Children (AFDC) into a transitional program, Temporary Assistance to Needy Families (TANF), which requires most recipients to work after two years of receiving assistance, or, at state option, even earlier, with few exceptions. After 60 months of receipt during a lifetime, a recipient is ineligible for federally-funded cash benefits (NPC, 2004)”. (1) The Personal Responsibility and Work Opportunity Act shifted the responsibility of the poor to the states. The Act also made allowance for states to perform drug testing of those who were in need of federal assistance. According to an article in the New York Times “Policy makers in three dozen states this year proposed drug testing for people receiving benefits like welfare, unemployment assistance, job training, food stamps and public housing (Sulzberger, 2011) .” The controversy rising from the proposed drug testing has many debating the question: Should people seeking government assistance be required to take drug tests? PROs/CONs: There are several pros and cons to the new legislature to drug test those seeking government assistance. PROS: ...
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...EMPLOYERS AND EMPLOYEE RIGHTS ON DRUG TESTING IN THE WORK PLACE: Employer and employee have different rights and responsibilities in the organization. The right are provided for the productivity of the organization. Drug and Alcohol Testing: The use of drugs such as cocaine and alcohol has received widespread attention in recent years and many private employers now routinely test for drugs and alcohol use. However, the laws regulating drug testing are relatively new. The courts are still shaping them. At present, the Americans with Disabilities Act, some state laws, and court decisions affect an employer’s ability to use drug testing during the pre-employment period. Generally, the law allows employers to require prospective employees to take drug tests if * The candidate knows that such testing is part of the screening process for prospective employees, * The employer has already offered the candidate the job, * All applicants for the same or similar positions are tested similarly, and * A state-certified laboratory administers the test. Employers can avoid some potential problems by including an agreement to submit to such tests on their application form. Several federal laws and regulations require certain employers to conduct pre-employment drug and alcohol tests. Other issues that employers should consider when deciding whether to use drug and alcohol tests as screening devices are: The duty to provide a safe workplace: State...
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...Pre Employment Drug Testing FAQ Pre employment drug testing is becoming a more and more common hiring requirement. It is estimated that 98 percent of Fortune 200 companies have implemented some form of employee drug testing during their recruitment process. It is important to be prepared for these drug tests by knowing what to expect. Recruiters suggest that about 60 percent of all new hires are required to take a drug test today. We answer your questions about drug testing for employment purposes. Do you know what the pre-employment drug testing process involves? You can find out in detail at employment drug screening Is employment drug testing legal? Most employers have fairly wide latitude when it comes to pre employment drug tests and the current emphasis on drug free workplaces encourages this. Each state has its own laws governing employment drug testing which employers should follow. Generally these allow for drug testing of job applicants provided the applicants know that the testing is part of the hiring process for all employees. Some states require a formal conditional offer of employment be given to the applicant before testing can take place. Often notification of pre employment drug testing is given on the application form which the candidate signs. Sometimes separate specific notification is given at the first interview. What about the job applicant's rights to privacy? The US Supreme Court has held that both blood and urine collection are minimally...
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...Fooling the Bladder Cops: The Complete Drug Testing Guide Justin Gombos June 1, 1999 2 Contents 1 Introduction 2 Detection Times 2.1 Halflife of TetraHydraCannabinol . . . . . . . . . . . 2.2 Approximate Detection Times of Various Substances 2.2.1 Frequency of Intake . . . . . . . . . . . . . . . 2.2.2 Amount of Body Fat . . . . . . . . . . . . . . 2.2.3 Predicting Detection Period . . . . . . . . . . 2.3 Positive (defined) . . . . . . . . . . . . . . . . . . . . 2.3.1 Passive smoke and positives . . . . . . . . . . 2.4 Decreasing detection times . . . . . . . . . . . . . . . 2.4.1 Physical Activity . . . . . . . . . . . . . . . . 2.4.2 Diet . . . . . . . . . . . . . . . . . . . . . . . 2.4.3 Using Drugs to Reduce Detection Times . . . 3 Test Methods 3.1 Substances that are Detectable . . . . . . . . . . . 3.2 DrugAlert . . . . . . . . . . . . . . . . . . . . . . . 3.3 Gas Chromatography . . . . . . . . . . . . . . . . . 3.4 Gas Chromatography / Mass Spectrometry . . . . . 3.5 Hair testing . . . . . . . . . . . . . . . . . . . . . . 3.6 High Performance Liquid Chromatography . . . . . 3.7 ImmunoAssay . . . . . . . . . . . . . . . . . . . . . 3.7.1 Radio ImmunoAssay (aka AbuScreen) . . . 3.7.2 Enzyme Multiplied Immunoassay Technique 3.7.3 Fluorescence Polarization ImmunoAssay . . 3.8 PharmChek . . . . . . . . . . . . . . . . . . . . . . 3.9 TestCup . . . . . . . . . . . . . . . . . . . . . . . . 3 11 13 13 13 15 16 16 16 17 17 18 18 18 19 19 21 21 21 22 24 24 25 25 25 26...
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...recent years has been drug testing/screening. Many believe that drug testing is a valid and useful tool available to businesses to promote a workplace culture the business prefers. Others feel that drug testing is a violation of privacy and has no place at a business. Almost everyone knows of someone that has abused drugs before, during, or after work. Not many know of how drug abuse actually affects performance and safety on the job. Determining if there is a correlation between drugs and poor performance and safety will help to validate drug testing’s presence. Ever since the technology was available, drug testing at the workplace has existed in some form or another. When Reagan became President in 1986, he began to push drug testing in the workplace, schools, and those applying for free benefits as part of the escalating war on drugs. (Butler, 2007) Since then, drug testing has proliferated to the rest of society and become almost a norm. For some businesses, it has become a major hiring tool, while for others it does not exist. For those that do use drug testing, it comes on many forms. Tests range from urine based to hair based to “Drug Recognition Experts,” (Butler, 2007) and each test has its own strengths and weaknesses. The easiest and cheapest tests to perform are urine tests. The most basic and easiest to perform is called an EMIT test. EMIT stands for enzyme multiplied immunoassay technique and involves a urine sample from the subject. The test looks for certain enzymes...
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...What drugs are likely to interfere with urine drug screens? Urine drug screens (UDS) are a frequent practice used to detect common drugs of abuse. On-site drug screening is performed for a variety of medical, professional, and legal reasons. A few scenarios in which screening may be done are listed below:1 Reasons for urine drug screening1 • Preemployment • Suspicion of drug abuse (e.g., unexplained negligence/impairment/behavior) • Random testing outlined in employment contract • Military service • Sports participation • Legal/criminal (e.g., postaccident, parole) • Drug-therapy compliance monitoring • Drug abuse rehabilitation monitoring • Postmortem investigation Screening Methods Urine drug screens are generally performed using either immunoassays or gas chromatography-mass spectrometry (GC-MS).2 Immunoassay UDS contain specific antibodies against common drugs of abuse and their metabolites. The immunoassay is the most commonly used UDS because it is inexpensive and rapid. Five different immunoassays are available: cloned enzyme donor immunoassay, enzyme-multiplied immunoassay (EMIT), fluorescence polarization immunoassay (FPIA), and immunoturbidimetic assay radioimmunoassay (RIA). The substances most commonly tested by a typical immunoassay include amphetamines, cannabinoid metabolites, cocaine metabolites, opiate metabolites, and phencyclidine (PCP). Expanded immunoassays are available to test for tricyclic antidepressants, barbiturates, methadone...
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...passing a preemployment drug test is required for the conditional of job offer as being constitutional. This case also discusses that a government employer is unable to demonstrate that it had a special need to drug-test a job candidate. Also whether or not drug testing should be used a determining factor in the hiring decision of a potential employee within the organization. Another important aspect to look at in the discussion of drug testing is whether or not if the job candidate can refuse drug testing without facing adverse employment consequences. There are many types of employment tests that many employers base their hiring and promotion decisions on. Employment tests are also used by employers within an organization to screen for fitness of the individual and whether or not they would be able to complete the job that would be required of them. Some of the these tests that completed by employers are designed to identify disqualifying characteristics such as illegal drug use, lack of truthfulness, intelligence, psychological, skill, and physical in order to complete any or all of the jobs that may be required of the employees in order to work for a particular organization. Not only is dug testing looked at in this case but also whether or not the Fourth Amendment is violated on the basis of unreasonable search and seizure that shows the “most significant limitation on drug testing” that is found in both the U.S. Constitution and state constitutions. Drug testing occurs under...
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...with a need to know; 2) Information released only as appropriate; 3) Federally required tests and testing has priority and is separate from non-DOT testing; 4) Records are maintained for the proper length of time. Does the employer maintain records of its anti-drug and alcohol misuse program in a secure location with controlled access? Does the employer only release drug and alcohol testing information related to covered employees as permitted by law or in accordance with the circumstances described in Section 655.73? Are DOT tests completely separate from non-DOT tests in all respects, and do DOT tests take priority (i. e. DOT tests conducted and completed before a non-DOT test is begun, urine collected in a DOT test not used for a non-DOT test)? REGULATORY CITATION Section 655.71(a) states: “An employer shall maintain records of its anti-drug and alcohol misuse program as provided in this section. The records shall be maintained in a secure location with controlled access.” Section 655.73(a) states: “Except as required by law, or expressly authorized or required in this section, no employer may release information pertaining to a covered employee that is contained in records required to be maintained by Section 655.71 of this subpart.” 3. 4. Section 40.13(a) states: “DOT tests must be completely separate from non-DOT tests in all respects.” Section 40.13(b) states: “DOT tests must take priority and must be conducted...
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...Work Place Drug Screening Opinion Paper Miquavian Tate PSY/425 January 14th, 2016 Sherrell Ellis Workplace Drug Screening Opinion Paper In today's society drugs are have become more prevalent that any other time in the past. Due to the rise in drug use, employers have begun to take more steps in testing potential candidates before they make the decision to hire them. Although these drug tests do not show potential addictions to alcohol, they take the chance of hiring someone who abuses drugs out of the picture. There are many tests available to these employers to choose. This paper will cover the type of test available, what's the kind of programs are offered to those who abuse drugs and give a general summary of both ethical and legal issues surrounding drug testing in the workplace (Hartwell, 1996). There are five types of drug tests that employers can choose. These five tests are consist of urinalysis, blood testing, hair testing, saliva, and sweat testing. The most common form of drug testing used during pre-employment is urinalysis. Urinalysis is the most popular with companies because of how little the cost is and how easy it is to administer on of these test. Although there are low costing and easy, these test can easily be tampered with by the recipients of the test by drinking large amounts of water pretest to dilute the urine to make the sample untestable. Another problem that may arise is that of a possibility of error with the test at the lab which they...
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...Workplace Drug Screening Opinion Paper Kimberlee MacKay PSY 425 December 2, 2012 Dr. Lisa Pleszkoch Workplace Drug Screening Opinion Paper Looking for a new job may require more than just filling out and employment application these days. Many employers require the applicant to take a pre-employment drug test and to pass it before they consider offering the person a job. Drug testing does not stop there. Employers can set forth other testing for a variety of reasons such as, random testing, reasonable cause, post-accident, and treatment follow-up, to name a few. An employer needs to be able to offer employees a safe workplace with as little risk as possible. In 1991, “The National Institute on Drug Abuse reported that 68% of illicit drug users were employed” (2008, para. 2). This paper will focus on screening techniques, testing programs, and workplace prevention and education. Drug Screening Tests No test method is 100% accurate. The employer must find a reliable laboratory for testing, which meets all federal and state guidelines. Costs can vary depending on the type of testing method used. Obtaining a specimen requires a trained professional and should protect the person’s right to confidentiality and privacy. Urine Test This is also known as a urinalysis and requires the person to submit a urine specimen. “A test card can give immediate results or the specimen is sent out to a lab to undergo gas chromatography/mass spectrometry (GCMS)” (About Drug Testing, n.d...
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...Employee Privacy and Discipline Adrian Perez Alejandro Perez Gustavo Montemayor Yesenia Sanchez Texas A&M International University In all parts of the world good discipline, in the workplace, results in good conduct. Discipline, in definition, allows for the instruction of employees to act in accordance to the rules of an organization. In the workplace we have always had employers enforce the concept of discipline for one major reason, proper work behavior. However, when it comes to out-of-work discipline, the circumstances become more difficult for employers to manage. The following will focus on the out-of-work behaviors of the employees when illegal and legal actions take place and whether employer discipline applies. First, we concentrate on the out-of-work illegal behavior. Employees work does not always represent or justify their out-of-work actions or their out-of-work actions do not always represent or justify their work. When concentrating on the illegal actions of an employee, employers must first determine whether the crime committed can or will affect the company, co-workers, and/or customers. If the employee commits a crime in which jail time is granted employers really do not struggle in terminating this employee. If it does not result in jail time the employer must justify that the employee who committed the crime is in fact in a position where his actions portray any potential risk to the company and therefore could be terminated for the employee’s...
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...Throughout the United States many companies require pre-employment drug screenings before hiring an individual for open positions as well as random drug screenings during employment. In fact, employers might legally have good cause to deny employment, fire or deny an individual from promotion if he or she fails a drug test. Drug testing laws vary by municipality and state and certain employers, for example, Government jobs encourage treatment and rehabilitation versus punishment. Also, not every employer has a mandatory zero-tolerance policy. This paper will examine the different types of drug tests, the reliability of the different drug testing methods, testing programs and how they may relate to specific corporate environments and who is subject to these drug tests and for what reason. Throughout this paper the legal and ethical issues of workplace testing will be examined. Drug testing in the workplace became legal when President Reagan signed "Executive Order 12564--Drug-free Federal workplace". In turn, that spawned the Drug-Free Workplace Act of 1988. Although both apply only to the workplaces of Federal employers, and Federal contractors and grantees, private-sector employers immediately followed the government's lead, because they legally could (EmployeeIssues.com, 2003-2008). However, there is much controversy over the legality of drug testing in the workplace, especially the legality of random drug testing. Many legal professionals consider it to be a personal...
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...while also doing what they can to prevent any loss of business as a cause. One of the examples that this paper will talk about is the issue of drug testing. Drug testing is a sensitive issue as there are many different viewpoints regarding this issue. Drug testing also known as drug screening was used increasingly in the 1990’s to test for the presence of illegal narcotics in the blood or urine of the employees. An employee abusing illegal narcotics may be impaired and thus at a greater risk of injury or illness on the job (Kesselring & Pittman, 2002). A previous company I used to work for had many issues regarding drug testing and it sometimes came back to hurt them. Drug testing has become an issue of outstanding social concern across the country and has been used by many employers (Wall, 1992). This paper will explain the issue that drug testing causes as well as some of the ethical concerns raised by the situation. This paper will also explain the laws that effect drug testing as well as recommendations to reduce liability exposure and improve the ethical climate of the situation Description of Business that presents a legal and ethical issue Drug testing was a big concern of a company I used to work for in San Diego. Sterling Security was a company that was bought out in 2004 due to some rising issues within the organization. Drug testing had become an issue because there were many times where employees were involved in auto accidents and incidents with working with law...
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