Workplace Drug Testing and Its Consequences

Modern society nowadays is getting more vulnerable to drug and alcohol as an alternative for stress buster. This has rapidly increased the consumption of illicit drugs and alcohol among the youth. As per the data revealed by Substance Abuse and Mental Health Services Administration (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 several measures which includes workplace drug testing.Erstwhile US President Mr. Ronald Reagan stressed on workplace drug testing so as to maintain employee productivity and drug free workplace. (Infantry.army.mil) Many governments across the world have initiated 'attack on drug use' instead of 'attack on drug supply' as the latter was not providing any better results. It has found that many organizations have implemented this measure to enhance the profitability of the workforce, cut down absenteeism, safety of the workers, reduce the costs on healthcare management and maintain drug free environment at the workplace. Most of the employers have the freedom to deny or reduce workers' compensation payments, if illicit substance use is found to be proximate cause of employer's injury.JustificationsLegitimate or important interests are required to justify the drug testing. The workplace drug testing is aimed at safety of the employee and others, organization efficiency, reputation risk, employee welfare, etc. Various organizations in various countries in order to reduce the demand for illicit drugs, protecting health and promoting safety of workers and co-workers, public safety and efficiency, economy and honesty of the workers towards organization, have taken such measures of employee drug testing. It can also be justified as the measure to minimize damages caused due to accidents at workplace and on roads. (Drug Testing and Privacy, 1990) However, if any employee makes a plea against workplace drug testing, it is more likely to be dismissed. Drug testing can be justified on the basis that it is been done for the safety of an individual, the public and society at largeWorkers' Civil RightsWorkplace drug testing is a sensitive issue as it arises due to collision between workers' and employers interests. (ILO, Geneva, 2003) There are several types of testing method, all of which are controversial, but random testing method has always been the centre of argument. Drug testing may raise ethical and legal issues like employees fired from their jobs. Testing would illegal if it is performed without the consent of individual as it is deemed to be violating the integrity and privacy of individual. (IIDTW Report, 2004) As per the Privacy Act, 1983, only those information should be collected which are required to operate the program directly from the individual by taking all necessary steps to guarantee its accuracy. The Civil Rights Act, 1964 of US Constitution provides that it has freedom of speech, equal protection of laws and protection from unlawful discrimination. (hhs.gov, 2008) Some organizations may use drug testing method on pre-employment basis. If the candidate is tested positive, he is denied the employment. This issue raises the question of unlawful discrimination as stated in Civil Rights, 1964. And most of the employers' and employee have entered into a contract underlining the fact that if tested positive for drug, he will be fired or remuneration will be stopped. Such contracts have handcuffed the employees' right to appeal in the court of law. Drug testing at workplace has caused many of the full time employees to get treated for illicit substance use. The DASIS Report, 2006 presents that 58 % fulltime alcoholics compared to 39% unemployed were admitted for illicit substance use treatment. (The Dasis Report, 2008) Some countries and their states have made legal provision so as to encourage drug free workplace by providing compensation to the employers' just affecting the work, income and benefits of the employee. (ncsl.org, 2009)Who should be tested?Any organization performing drug testing must sort out the individuals whom to be tested and what are the drugs to be looked for. This may vary from the individuals who are newly appointed or past employee, senior officers, unionized employees, male or female, or those employees who are suspected to be drug addicted. (Drug Testing and Privacy, p.9) Some may classify on the basis of past or present impairment or drug use. When an employer has reasonable cause to suspect an employee of drug use on job or at any time, and due to which he has incurred any impairment or may cause impairment at workplace. (Drug Testing and Privacy, p.9) It would be appropriate to conduct such tests an inclusive basis to avoid discrimination and this will also help in avoid hesitation from the employees.Most of the organizations in different countries have implemented this method to overcome drug use at workplace, ensure safety of their employees and enhance their economic conditions. This method has provided positive benefits across the world. State of Ohio has been benefited from this method resulting in drop of absenteeism, fewer problems with supervisors and 97% decrease in on-the-job injuries. (Globalchange.com) Such facts and figures have encouraged many more states and countries to take up drug testing at their workplace. It is important to take such stern actions to curb the drug intake, mainly by the youth by attacking its usage.