It is only a tiny minority of employees who are found out for taking illegal (or recreational) drugs during their term of employment. The list of banned drugs include Marijuana, Cocaine, Opiates, Amphetamines, etc. …
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The most extreme action that an employer can take is to terminate employment or refusing to hire (as the case may be). The scope of actions on part of employers are provisioned in the Drug-Free Workplace Act of 1988, promoted and passed by President Ronald Reagan during his final year of presidency. There are other federal and state regulations which allow termination only if it is inevitable. On detection of an employee drug problem, employers are required to “encourage or require employers to allow offenders to choose a substance-abuse treatment program in place of employment termination. For example, instead of outright firing you, your employer might ban you from performing safety-sensitive duties until you successfully complete a course, counseling or treatment program and then pass a return-to-duty drug test. That's particularly so if you work in an industry regulated by the U.S. Department of Transportation (DOT) or for a company that follows Department of Transportation workplace drug testing rules.” (www.employeeissues.com, 2011) Testing positive for drugs have a whole array of disincentives for the guilty. For example, such employees cannot claim unemployment benefits. Provisions under CORBA would deny the guilty prolonged health-insurance coverage during the recovery stage. The state workers' compensation law is also unfavorable to those found guilty, for it denies any workers' compensation benefits. All this is not to say that the laws are favored toward employers. For example, however grievous the drug-abuse and however malefic its effects were on the organization, employers still cannot get the guilty arrested, unless the drug-abuse happens in the premises of the organization.
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(Employee Drug Testing Essay Example | Topics and Well Written Essays - 500 Words)
“Employee Drug Testing Essay Example | Topics and Well Written Essays - 500 Words”, n.d. https://studentshare.org/other/1406718-employee-drug-testing.
Name: Course: Institution: Instructor: Date of Submission: Case Study on Workplace and Drug testing Employment is one of the most crucial aspects of life, immediately people are through with college, they are always looking out for employment opportunities.
The rules of the game change when it comes to privacy in the workplace. At work a person is a paid employee that must comply with the business policies, ethical code of conduct, and bylaws of a corporation.
Public employers may conduct these tests under the "special need" standard, meaning when there is an important public safety concern. These rulings affect public employers only, because private employers are not directly covered under the U.S. Constitution.
The recent times have seen a marked increase in drug use and therefore amplified the need for drug testing in organizations. Many employers are employing the drug and alcohol test agenda as a compulsory and vital part of the workplace so as to reduce the convolutions anon.
Examining an example can be useful in understanding disparate treatment. Two workers - say Jack and Jill - work at the same company. On Monday, both employees are absent from work. When they come to work on Tuesday, the boss fires only Jill, but not Jack.
on (SAMHSA) of United States for the year 2007, 11,891 (21 to 25 yrs) and 19,977 (26 to 34 yrs) tested positive for consumption of illicit drugs such as marijuana, cocaine, hashish, etc. (SAMHSA, 2007) United Nations in its effort to combat drug use and abuse has initiated
There are some safety sensitive positions such as the position of a pilot that do not require drug abuse because they directly deal with human life. Transportation employees play significant role especially the drivers and train captains who carry hundreds of people and therefore drug testing may help in enhancing safety amongst clients.
However, there are legal, medical and moral issues that need to be addressed before any test is done randomly especially the common urine tests that many employees find themselves victim to.
Random drug tests are
nt tests, mainly knowledge and aptitude-based tests, should execute due diligence to guarantee that interrogations are realistically linked to the job. This is often done with guidance from counsel1.
The procedure of pre-employment testing has developed intensely in current
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