An examination of the issue of drug testing in the workplace

The manner in which [the oil company] wanted to conduct an alcohol and drug policy is contrary to the right of privacy A urine drug test for alcohol may detect alcohol for 2 to 12 hours.

Any such testing should take place only in the context of occupational health and safety programmes, respecting the confidentiality of the work- place medical examination.

Florida New Jersey North Dakota Due to the rapidly changing nature of this area of law, and the differences between states, it is best to seek advice from an attorney in your area if you have questions or concerns.

All of these variables, and others, are looked at in the lab analysis. A key informant has noted that officials from the head office have failed to appreciate that the levels of drug abuse in France and elsewhere in Europe have not compared with those in the United States.

Under the legislation, an employer must, if called to defend a dismissal before an industrial tribunal, be able to show that there was a fair reason to dismiss and that the employee was treated in a fair and reasonable manner. Canada In Canada, drug testing is not widespread [ 22 ]p. Observations on the impact of United States national guidelines and corporate practices and national perspectives Surely, no single country has a universally applicable approach to drug and alcohol testing.

Gevers, who noted that "there is no proportionality between the interests of the employer and the massive infringement on the rights of privacy.

Workplace Testing: What Your Employer May Require

States with unclear employee protections The following four states have marijuana laws that are either silent or vague regarding employee protections, and their state regulatory agencies have not provided guidance on employee protections.

It is necessary to question the basic justice in making such a presumption if there has been no evidence adduced to support it. If benzoylecgonine, the main metabolite of cocaine is detected, the person cannot claim that the result is a false positive due to Novocaine or any other "-caine" type of drug.

Geers noted that "for some functions an alcohol test appears justified, e. Fairness and discrimination The fairness and discrimination issues relate both to society as a whole and to the individual being tested.

Le Tron; and with M. The tribunal ruled that, because he worked with children, he should have acted responsibly at all times; it upheld the dismissal. It is significant that the stated position of the Commission is that "even in the case of safety-sensitive positions, the taking of bodily samples is not justified".

You can always refuse a drug test.

Drug and alcohol testing in the workplace: moral, ethical and legal issues

There was a great deal of union resistance and calls for the company not to act as a policeman. Benzoylecgonine is only found in nature as a metabolite of cocaine, and there would be no other valid reason for it to be present in a drug screen.

Drug Testing

It filed a complaint with the Canadian Human Rights Commission, alleging that the mandatory urine testing of new employees was discriminatory. She added, however, that testing was an acceptable option if, in the case of a dysfunctional employee, there was no other way to determine the cause of the problems.

Interest in drug testing in the United Kingdom has been heightened by several transportation accidents involving-the use of drugs or alcohol. For society, the question is whether it is right that people who test drug - or alcohol -positive and who may be dependent should be refused a job without being helped and should be sent on their way, their situation to be dealt with either by another employer or not at all [ 8 ]p.

If you are a member of a union, you also may be able to file a grievance over your termination. The philosophical gap between the company and the prevailing standards in the Netherlands is exemplified by the statements of a management spokesperson " Initial screening drugs tests may infrequently result in false positive results, although confirmatory GC-MS testing greatly lessens the chances of a false positive - reducing the risk to close to zero.

However, if over time the disability no longer exists, if the medication is interfering with your ability to perform essential job functions with reasonable accommodations, or if you are taking the medication illegally, then you can be fired. She indicated that the fears of employees of United States subsidiaries in France were that efforts to institute random testing would be-made, along with codes of conduct.

The laws surrounding marijuana are changing rapidly, with most states either legalizing it in some form, or considering legislation on the issue. In general, according to Law, marijuana legalization laws in states where it is legal support employers in drug testing for marijuana use and firing people for it.

The United Kingdom of Great Britain and Northern Ireland According to a treatment expert in the United Kingdom, there is little workplace drug or alcohol screening taking place in that country - perhapsemployees are tested yearly.

In the Netherlands, however, as in Great Britain, pre -employment medical tests that contain lifestyle questions about alcohol and drugs are common. Because your employer may be held liable for injuries or damage caused as a result of your accident at work, the law allows the employer to drug test you to find out if the accident was a result of your prohibited conduct, thereby protecting the employer from liability.Drug testing is the evaluation of a urine, blood or other type of biological sample to determine if the subject has been using the drug or drugs in question.

There are many circumstances that may lead to drug testing: Drug testing is often done when applying for employment, especially for positions. 2 Ethical issues in workplace drug testing in Europe by Behrouz Shahandeh and Joannah Caborn Introduction Workplace drug testing remains a sensitive issue because of.

Home» Policy on drug and alcohol testing Policy on drug and alcohol testing 1. Introduction; 2. Scope of this policy distractions and hazards in the workplace. Drug and alcohol testing is one method employers sometimes use to address safety concerns arising from drug and alcohol use. Is used as part of a larger assessment.

Drug testing in the workplace is an issue that emerged in the mid- s, largely in response to initiatives occurring in the United States. Several transport accidents in which controlled substances were found on the crew, as well as reports and surveys of extensive workplace consumption and sale of drugs, have been catalysts for proceeding.

Drug Testing “The impairment of individual liberties cannot be the means of making a point symbolism, even symbolism for so worthy a cause as the abolition of unlawful drugs, cannot validate an otherwise unreasonable search. These words, spoken by U.S. Supreme Court Justice Scalia in his dissenting opinion in National Treasury.

Mar 29,  · Following models established in the workplace, some schools conduct drug testing on students suspected of illicit drug use (called reasonable suspicion/cause testing). However, there are some restrictions on.

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An examination of the issue of drug testing in the workplace
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