Legal Drug Testing in the Workplace Drug testing is becoming very common in the workplace. When considering implementing a policy in your business, you need to be certain to understand the laws regarding whether or not drug testing is allowed in your state as well as if random drug testing is legal. Before proceeding with a drug testing policy, you need to first discuss the issue with your state Department of Labor. Even if drug testing is allowed, businesses are often limited in how they can responds to a positive drug test. Another area to consider is the Americans with Disabilities Act. This makes it clear that individuals who are considered alcoholics are protected under this act. This also states that employers cannot refuse to hire a person based on his or her alcoholism. Additionally, an alcoholic employee cannot be punished more severely for an act at work than a non-alcoholic employee would be punished for the same act. Another issue that employers have to consider when implementing a drug testing policy is whether or not it is an invasion of privacy. Some companies have required that potential employees disclose whether or not they are on prescription medication. In some instances, this is not considered an invasion of privacy if the information is necessary to ensure the accuracy of their drug test. On the other hand, it has been seen as an invasion of privacy if the employer requires the disclosure of prescription drug use as part of a medical exam for applicants as well as those who may be promoted. The goal of a drug-free workplace has been the goal of many companies for several years now. Each year the number of companies who drug test increase, particularly due to the fact that approximately 75% of workplace accidents are related to drug and alcohol use. Workplace has become so popular that many states have made cheating on a drug test a crime that is punishable by law. This is in an effort to reduce the number of employees or potential employees who purchase detox items or specialized shampoos to avoid testing positive for a drug test after use. The secret to successfully implement a workplace drug testing policy, it is important to adhere to the state's laws. Your drug testing policy should be accompanied by a written policy and ensure it is understood by employees and managers. This should be performed in an effort to ensure that your drug testing policy is legal under the state's laws.
The prominence of drug testing in the workplace is expanding throughout the country as more and more companies employ drug tests to take a this critical step to ensure the safety and sanctity of the workplace. Optimally, keeping the workplace clear of drug users would ensure greater safety for the employees as a whole and increase the overall productivity of the company, and cheap, easy and accessible drug tests would make that happen. In spite of all this optimism, it is to be noted that drug testing in the workplace was never accepted by most communities as such in the beginning.
It is true that drug use by the employees would lead to on-the-job accidents, absenteeism and employee theft and that recurrent drug testing in the workplace could potentially discourage the use of drugs altogether. The major gripe of the employees was that it was not just the regular drug users and addicts that were being targeted. Drug testing proved a threat to the employment of people who used recreational drugs occasionally. There were fears of knee jerk dismissals of employees that were highly productive and efficient for the simple reason that they indulged themselves in a rave so long back that they could not even remember. Drug testing was promoted as to being focused on counseling and rehabilitating the employees that were detected, but people perceived it as a threat to their employment prospects.
Drug testing in the workplace was also being widely characterized as a blatant violation of the privacy of an individual. Today, these points of protests are dying a slow death as more and more people realize the importance of weeding out drug abusers from the workplace. Drug testing in the workplace in some form is approved in most states of the US, but the practice is not properly regulated in most cases. The people who are subjected to drug testing in the workplace do not necessarily give their consent, nor is it considered essential. The fact that a so called official could walk in and order you to urinate in a vial without a specified reason compounds the argument that this whole practice is a violation of personal privacy.
Although drug testing the employees was considered impractical just a few months ago due to its high costs, a new wave of practical and cheap drug tests flooding the market has caused a phenomenon of sorts. It is not just current employees who are subjected to drug testing in the workplace; prospective employees and job applicants are also put through a drug test before they start off on the job.
Today the hundreds of laws that exist that govern the drug testing in the workplace, most only aid in furthering the confusion on what is acceptable and what is not. To add to the woes, most of these laws do not help through the way they are stated to convince the employees who are on the receiving end of these laws. Still, the practice continually evolves in its execution to encompass more and more employees bringing the dream of a drug free workplace true ? one employee at a time.
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