Drug Testing in the Federal Workplace Essay example

In September 1986, President Reagan issued Executive Order 12564. This was done in an effort to make the Federal Government a drug free work place. He believed that persons who used illegal drugs were not suitable for Federal employment. The order required the heads of governmental agencies to establish both a voluntary and mandatory testing program to determine the use of illegal drugs by employees in sensitive positions. Sensitive position employees were defined to include employees granted access to classified information and individuals serving under presidential appointment. It further included Law enforcement officers and other positions that the agency head determined involve law enforcement, national security, the protection of†¦show more content†¦The Supreme Court found these personal rights protected by the Fourteenth Amendment. This was found in the liberty section of the Fourteenth Amendment. Claimed violations of the right to privacy are usually argued citing the Fourth Amendment. Courts uniformly now appear to have determined that the taking of body fluids, particularly for drug screening, constitutes a search and seizure within the meaning of the fourth Amendment. The courts found the Fourth Amendment protections only bans unreasonable searches and seizures. While a search and seizure usually involves a reasonable suspicion. Recent Supreme Court decisions support the argument that certain occupations are so important to public safety and national security that a warrant or individualized suspicion is not necessary to make testing reasonable under the Fourth Amendment. In Railway Labor Executives Association v. Skinner, the Supreme Court held that regulations of the Federal Railroad Administration (FRA), which required certain operating employees to submit to alcohol and drug testing in the event of a rail accident, were reasonable even though such testing was not based on suspicion of the individual, being a drug or alcohol abuser. The court found the interest of providing safety to the public outweighed individual rights of privacy. In National Treasury Employees Union v. Von Raab, the Supreme Court in 1989 upheld regulations of the Customs Service which conditionedShow MoreRelatedShould Marijuana Be Legalized?1613 Words   |  7 Pagesdischarging employees based on the violation of drug-free workplace policies by using marijuana. As of 2016, twenty-eight states and the District of Columbia have enacted laws that legalize marijuana in some form (Rubin, 2016). Despite the fact that various state governments have legalized the use of marijuana, when it comes to federal law, it remains illegal. This has created discrepancies regarding drug-free workplace policies that mimic the federal policy enacted by Ronald Reagan in 1986 in ExecutiveRead MoreA Substance Abuse Free Workplace983 Words   |  4 PagesA SUBSTANCE ABUSE FREE WORKPLACE 1. Describe the effect of illegal or prescription drug and alcohol use in the workplace. How does this affect productivity? Today in the United States, 73% of drug users are employed, costing American businesses billions of dollars annually in lost productivity and health care costs. Studies reveal that employees who abuse drugs have a tremendously harmful effect on the workplace—they are more likely to have extended absences from work, show up lateRead MoreDrug-Free Workplace997 Words   |  4 PagesPresident Reagan signed the Drug-Free Workplace Act of 1988 on November 18, 1988. 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The company must comply with State and Federal laws when administering the drug and alcohol policy. B. The company must make sure the implementation of the test is done in a uniform manner. C. Some employees may bring law suits against the employerRead MoreTypes Of A Medical Review Officer ( Mro ) Testing Programs And Require A Drug Lab Certified1674 Words   |  7 Pagesfield. Many court decisions have been ruled in favor of these guidelines. These guidelines include having a Medical Review Officer (MRO) evaluate all tests. The guidelines also identify the five specific substances for use in the Federal drug testing programs and require a drug lab certified by SAMHSA to perform the analytical test. The five substances under the SAMHSA’s guidelines are amphetamines, THC, cocaine, opiates, and phencyclidine. Amphetamines include meth, speed, crank, ecstasy, and stimulantRead MoreDrug Testing Program913 Words   |  4 PagesCorporation establish a drug-testing program? Castulon should establish a drug testing program because of the potential benefits that overrides the potential risks associated with such program. The bottom line of the company is profitability and stakeholder’s benefits; however, drugs do not contribute to any of these. The company relies on employee productivity, reduces employee turnover and absenteeism, reduced cases related to workers compensations. The impact of the drug testing program within theRead MoreDrug Testing And The Workplace1394 Words   |  6 Pagessubstance abuse in the workplace. The implementation of drug testing by companies grew in recent years. American workers have seen a dramatic increase in the use of drug testing in the previous years. Drug testing is implemented to assure safe workplaces for American workers. Drug testing can reduce the company’s health care and insurance costs. Even though drug testing has become common in the workplace, there is little research that exists regarding t his matter. Overall, drug testing affects the decisionsRead MoreShould Marijuana Be Legalized?884 Words   |  4 PagesAmendment 64 into law. Although these laws were passed in Colorado legalizing marijuana, it does not protect an employee’s job from a company zero-tolerance drug policy. Many companies such as Breeze view the use of marijuana as a violation of their policy and cause for termination, especially since marijuana is still illegal on the federal level. Clouded Perception Many voters in Colorado did not see marijuana legalized in 2000 and 2012 as a double edge sword. Believing that a person who meets