Employee Drug and Alcohol Testing *

Reading Assignments:
(1) Lisa Guerin, “Laws on Employee Drug Testing.” http:/~www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter5-3.html.
(2) Workplace Fairness, Drug Testing. http:/www.workplacefairness.org/drug-testing-workplace.
(3) Minicase: Employee Drug and Alcohol Testing
Throughout the world, more and more companies are adopting policies to administer drug or alcohol tests to employees. Below is some information about the practice.

1. Rationale for testing. In some instances, employees are involved in operating equipment that is dangerous to operate under the influence of drugs or alcohol. Such jobs include airline pilot, bus driver, or operator of heavy equipment around other workers.
2. Another rationale for testing. In other instances, employee use of alcohol and drugs can impair the quality of employee work, cause employees to make expensive errors, and increase absenteeism on the job. Drug and alcohol use also can impair decision-making. These things cost companies millions of dollars.
3. Problems associated with employee drug testing. Employee drug testing arguably has costs. including the following:
   A. Error can harm employees. Drug-testing is not perfectly accurate, and an employee who is given a false positive test result can be harmed (fired, reprimanded, injured in reputation, etc.) for having done nothing wrong.
   B. Drug testing intrudes on employee privacy. This happens in at least two ways—first, the employee may be asked to urinate in front of a superior, or give blood or hair samples. Second, the drug test seeks to gain information about the activities of employees. some of which may occur solely during hours off work.
   Cc. Employee drug testing may reduce morale, under the theory that employees are not trusted. treated as children, etc.
   D. Employee drug testing can be used to harass particular workers whom the boss dislikes for other reasons.
   E. Collection of samples may enable the boss not only to test for drugs, but also for things like illnesses such as diabetes or AIDS, further intruding on the worker's rights and privacy.

Sample Solution