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Drug Testing and Employee Drug Use - Research Paper Example

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Use of drugs can be legal or illegal. However, in the case of employment, there are no absolute proposals that can be accounted for or verified in a consistent manner. The employers have responsibilities to offer a proficient…
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Drug Testing and Employee Drug Use
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Employer’s Right to Know Employee’s Drug Use Affiliation There are many reasons why individuals use drugs. Use of drugs can be legal or illegal. However, in the case of employment, there are no absolute proposals that can be accounted for or verified in a consistent manner. The employers have responsibilities to offer a proficient environment to their customers and employees. Their responsibilities solely depend on safety of the workplace (sack, 2010). Therefore, use of drugs is data that is duly private and only in uncommon circumstances an employer can claim to know such use. This is well argued in the following texts.
It is true that the use of drug is private and that only in some unusual situation can the employers inquire such use from their employees. However, the employers have the right to know of, use of drugs if their employees are involved in illegal drugs. Unlawful use of drugs is data that are not legally private and organizations have the right to identify about such use. This is true because use of illegal drugs can result to incompetence amongst employees. Also, such use of drugs can result to unnecessary accidents amongst employees, the staff, and customers. Further, the employee can compromise beneficial trade secrets of the company or gather individual data about staffs and customers to sell illegally (Frone, 2013). It is the duty/role of employers to provide safe working conditions by postulating drug free environment policies.
On the other hand, use of drug is data that are legally private and employers have no right to inquire where about such use from their employees. This is factual in the situation of legal or prescribed drugs employees might be taking (Frone, 2013). For instance, employers are not allowed to inquire employee’s use of such drugs as, cigarettes/tobacco, caffeine, and prescribed medication, unless such use of these substances hinders with the employee’s safety or incompetence. A good example is when an employee is using prescribed drugs to stay competence at a level that allows him/her to perform his/her duty. This is what all employers are allowed to focus on. Employers are not entailed to obtain a list of employee’s prescribed drugs for pre-employment drug test. Healthcare providers responsible for collecting drug samples do not need to inquire for the list either.
As a manager of a certain company, one should make sure that he/she has implemented drug policies and rules that should be adhered to by all staffs. Some of the policies should include, the company having a neutral third party medical depiction to analyze any undefined drug test outcomes. If there are any uncertainty outcomes, the neutral third party should contact the employee openly for a list of prescribed drugs he/she might be taking. This prevents employers out of their workers private information. Use of drugs legally has no comportment on whether or not a worker can perform his/her duties (Sack, 2010).
To add on that, the insurance act (HPA) protect all kind of legal use of drugs. Data contained in an employee’s medical files performed by any healthcare providers is some of the information protected by the act. This means that employee’s use of prescribed drugs is not employer’s business. Therefore, managers should educate their employers to speak to Human Resource Department if they feel their rights have been dishonored (Sack, 2010).
In conclusion, safety of the workplace is the employer’s burden. They have the duty to make sure that working condition is safe and favorable to their customers and employees. Therefore, employers should treat their employees with apprehension and kindness. To some degree, employers should provide assistance to employees who are involved in drug abuse. The final outcome of drug use at work is the same whether it is rightfully private or not; ethically, legally, and morally is the employer’s responsibility and rights to sustain the workplace drug free.
Frone, M. R. (2013). Alcohol and illicit drug use in the workforce and workplace. Washington,
D.C.: American Psychological Association.
Sack, S. M. (2010). Effective Legal Approaches to Keep Your Job
from Interview to Pink Slip (Rev. and enlarged 3rd ed.). Merrick, NY: Legal Strategies Publications. Read More
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