Workplace Drug Screening

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                Workplace Drug Screening    

Running head: THE LEGAL AND ETHICAL ISSUES OF

Workplace Drug Screening

Chemical Dependency in the Workplace

PSY/425


Drug use and abuse is on the rise with so many variations of drugs being readily available. Employers are realizing the importance and cost savings of drug testing. Studies show that alcohol and drug abuse cost the nation hundreds of billions of dollars each year. This cost comes in the form of reduced productivity, increased health costs, increased insurance costs, and crime.

Most legal issues come from claims of invasion of privacy or the lack of probable cause as guaranteed by the 4th Amendment of the Constitution. When an employee is required to submit to a drug test, they feel their privacy is being invaded claiming what they do outside of work has nothing to do with work. The results of the test must be kept confidential, otherwise legal actions could result claiming an invasion of the employee’s privacy. The employer must clearly to state the policy of drug testing. The policy should be reviewed and agreed upon by both the company and labor representatives. A drug testing policy that is effective will help identify those who abused drugs,

When employers send their employees, or future employees, to be tested for the presence of drugs several types of drug tests that can be used. They are saliva, blood, hair, urine and sweat drug testing. The blood test is the least used because of the expense involved, even though the blood test is the most thorough. Blood tests are mostly used before an insurance company will issue a life or health insurance policy. Even though the blood test is the most expensive, this type of test is beginning to gain popularity as a pre-employment screening. Employers are likely to use this test when an accident occurs at their place of employment.

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The saliva test is the least used of the four. It can only test for the recent use of marijuana, alcohol, methamphetamine, and cocaine in the subject’s mouth. If a user keeps a bottle of mouth wash in his or her car or close by, they can easily pass the test because the mouth wash will work against any chemicals in the saliva. If a good sample can be retrieved, the saliva test can be a reliable test. The University of Utah’s Center for Human Toxicology found that “illegal drugs can be detected in saliva” and “the drug concentration found ...

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