РефератыИностранный языкDrDrug Testin In The Workplace Essay Research

Drug Testin In The Workplace Essay Research

Drug Testin In The Workplace Essay, Research Paper


Drug testing in the United States began with the explosive use of illegal drugs, in order to


curb drug abuse. This began during the Vietnam War with drug use at a climax. In


general, Drug testing is a way to detect illegal drug use and deter it, usually by Urinalysis.


Drug testing in the United States violates a citizen?s right to unreasonable search and


seizure?s along with jeopardizing one?s freedom. Drug testing is not only an unreliable


invasion of a person?s privacy but it assumes that one is guilty before submitting to the


test.


Drug testing began to take place in the mid 1960?s when drugs like Marijuana,


hallucinogens and other drugs were becoming widespread (Stencel, pp.201). The military


implemented mandatory drug testing because of the widespread use and the number of


Vets that were returning home because of addiction. Ronald Reagan pushed for


employers to implement drug testing and even had himself screened for illegal drugs to


encourage employers and to reduce opposition to testing (Stencel, pp. 200). ?The


increased concern about drug abuse has, in part, ben the result of the early 1986


appearance on the streets of crack-a new, powerfully addictive form of cocaine-and the


growth of cocaine addiction? (Berger, 12). President Reagan later called for a second


?war on drugs? campaign.


In October of 1986, President Reagan signed into law a 1.7 billion dollar antidrug


bill, called the ?Drug-Free Workplace Order?. In addition to the bill, Reagan instructed


his cabinet officers to create a plan to begin drug testing for federal civil employees


(Berger, 14). Drug testing thus begun a sharp climb into the area of private employers. In


November of 1988 Congress passed an Act requiring grant recipients or federal


contractors to maintain drug-free workplaces. Most of the employers set up voluntary


testing programs and many employees began to sue, claiming that individual testing is a


violation of privacy rights. The argument is that the employees are being deprived of their


Fourth Amendment protection. Many believe that government testing programs should be


unconstitutional unless the authorities have either reasonable suspicion or probable cause


that the individuals being tested are on drugs.


To justify the use of private employer testing, President Bush said in 1989 that


?Drug abuse among American workers costs businesses anywhere from $60 billion to


$100 billion dollars a year in lost productivity, absenteeism, drug-related accidents,


medical claims, and theft? (Horgan, 19). This claim was derived from a source that


interviewed families that were 28% lower in overall income than the average household.


This was used in an effort to promote Bush?s ?war on drugs? forum into the private sector


(Horgan, 21). Many behavior?s of lower income people often differ statistically from


upper-income people, therefore the statement of Bush never establishes a clear or accurate


statistic.


?In 1989 President George Bush unveiled his National Drug Control Strategy,


encouraging comprehensive drug-free workplace policies in the private sector and in state


and local government? (Stencel, 201). This created many controversies within the


American workplace and in National Treasury Employees Union v. Von Raab decision,


the Supreme Court upheld that drug testing was legal as long as it outweighs privacy


rights (James). Then, in 1991 Congress passed the Omnibus Transportation and


Employment Testing Act, which would extend drug testing in the United States.


Throughout the rest of the 90?s drug tests were extended to the outermost sectors of


society causing drugs to become a significant issue during election times, although


politicians are never tested themselves.


The Fourth Amendment of the Constitution was created because of the rough


treatment of colonists by the British. The British restricted trade and travel and this gave


way to smuggling. ?British soldiers frequently conducted unrestricted house-to-house


searches. People were forced to keep their private records and other personal information


on their person or hidden in their home or business to avoid exposure and possible arrest?


(Berger, 102). The Fourth Amendment was part of the Constitution?s Bill of Rights to


protect one?s privacy and maintain search and seizure guarantees. The right to privacy


was described by Supreme Court Justice Louis D. Brandeis as ?the right to be let


alone-the most comprehensive of rights and the right most valued by civilized men.?


The Fourth Amendment of the U.S. Constitution guarantees the ?right of the


people to be secure in their person, houses, papers and effects against unreasonable search


and seizure? except upon probable cause. Random drug testing threatens the Fourth


Amendment and has been called suspicion by association. This is to say that it is not


possible to justify a search of one person because they are similar to another. ?Suppose a


certain neighborhood has a high incidence of violent crime. The police cannot defend a


blanket search of all residents by claiming that there were many armed individuals among


them, they say? (Berger, 52). ?Random drug testing assumes that every student is using


drugs until they prove to the contrary by submitting a urine sample,? (ACLU, 1)


In general, the government cannot search a person without reason to suspect that


he or she is guilty of wrongdoing. There is an exception, however, in limited


circumstances, where the search is in special need, the government has a compelling


interest in the search or the privacy interests affected by the test are minimal. In Random


Drug testing there are no Fourth Amendment rights to be maintained. ?The right to


privacy is, as determined by the Supreme Court to be an implicit guarantee of the


Constitution? (Holtorf, 132). Drug tests reveal many areas of one?s life which may want


to be hidden to their employer or to the outside world. ?Drug tests can reveal the use of


contraceptives, pregnancy, or medication for depression, epilepsy, diabetes, insomnia,


schizophrenia, high blood pressure, and heart trouble? (Holtorf, 132). The disclosure of


this type of information can be both embarrassing and harmful to one?s social and


professional career.


In some cases this has led to loss of employment for discriminated individual?s.


Such in the case of Duane Adens, a former Sergeant of the Army. Adens was asked to


give a body hair and he refused. He then took a urine test and it came back negative. He


was then asked to provide hair for a test and when he did this the test came back positive


for drugs. Aden was stunned and the army denied his request for a DNA test of the hair


to prove it was his. Sergeant Adens received a bad conduct discharge in July 1998. ?For


a soldier to lose his self-esteem, family and military respect is a bit too much based on the


strength of a body hair.?-Representative Charles Rangel, New York.(Kean, 3-4). This


man will suffer the rest of his life, a federal conviction, because of a falsity in our Drug


testing system.


?In 1966 the U.S. Supreme Court ruled that compulsory blood tests are


bodily searches. The Fourth Amendment, it said , applied to such searches. A


compulsory blood test could be conducted only if there is ?a clear indication that in fact


evidence will be found? (Berger, 51). This is to say that someone can be given a test if


there is a specific reason to believe that this person is using drugs. In all court cases, the


court has ruled in favor of the plaintiff stating that the body and bodily fluids are


considered in the Fourth Amendment privacy clause. Yet in Drug Testing this is not the


case. In Allen v. City of Marietta, the Georgian court felt constrained by current law to


hold that a urinalysis is indeed a search. (Berger, 51). Urinalysis is most definitely a search


considering that a search of one?s home is considered invading privacy, what about one?s


urine? This is the most personal and private information one can give out.


Another clause in the Fourth Amendment in the Constitution is that of Due


Process. The Fourth Amendment clearly states that no person shall be deprived of life,


liberty or property without due process of the law.? Pre-employment drug screening


completely defies this in that it gives a prospective employee no chance of challenging the


test. The job seeker is not considered for employment without even knowing that it was


because of a positive drug test. There have been many cases that a person is eliminated


from the job pool because of a positive outcome of a drug test and the person is not a


drug user. The prospective employee has no chance to explain a positive test due to a


prescription drug or certain foods. It is possible to be a job-seeker and never obtain a job


because of positive results on a drug test due to a prescription drug, unless the prospective


employer uses their time to show the results.


Drug testing witho

ut a prior suspicion or probable cause can also lead to the


absence of Equal protection under the law, the Fourteenth Amendment (Holtorf, 135).


?The Fourteenth Amendment was cited as protection against selection of a group of


athletes for testing by the National Collegiate Athletic Association without demonstrating


a likelihood that drug use was prevalent in that population? (Holtorf, 136).


Drug tests today are considerably weak. Mistakes and errors swarm the vast


business of drug testing. ?Clinical laboratories are not experienced with the special


requirements for specimen collection, analysis, storage, documentation, transport, and


handling? (McBay, 33B). Often times, simple mistakes such as mislabeling or reporting


errors are the reason for a positive turnout on a drug test. ?Because drug testing has


become a very competitive industry, laboratories are implementing cost cutting measures


and attempting to test increasing numbers of specimens quicker and cheaper, which is


causing testing accuracy to worsen even further? (McBay, 33B). Often times, a positive


result has to be protested in order to have the test sent to a more elaborate, expensive


laboratory. An example of this was with a Heavyweight boxing match in which the boxer,


Tim Witherspoon was knocked out in the first round by James Smith and a week after the


fight Witherspoon was tested positive for Marijuana use. Witherspoon protested this and


it was later found that there was an error in identifying the specimen.


?Dr. Don H. Catlin, chief of clinical pharmacology at the University of California


at Los Angeles, says that drug-testing firms ?vary tremendously in quality from laboratory


to laboratory as well as within the same laboratory on a day-to-day basis??(Berger, 42).


The reason is because the person reviewing the tests needs to be both competent and


knowledgeable in this field considering that this is someone?s future at stake. ?The bulk of


the errors could be attributed to inadequate personnel, poor management, broken chain of


custody, faulty maintenance, and faulty admissions of reports and records, rather than the


tests themselves? (Holtorf, 63). Lack of education and experience often play a part in the


accuracy ratings of the different institutions.


?In the Spring of 1985, experts at the Centers for Disease Control in Atlanta found


a high rate of inaccuracy among the nation?s drug-testing laboratories. A study of 13


laboratories serving 262 drug-treatment centers in the United States revealed that all had


performed unsatisfactorily and had failed to identify correctly even half of the samples for


four out of five drugs tested.? (Berger, 43). ?Only 85 of the estimated 1,200 laboratories


in the United States meet federal standards for accuracy, qualified lab personnel, and


proper documentation and record keeping? (Holtorf, 60). Society is often misled on the


accuracy of the laboratories and many of the offices are performing much below the level


in which they are portrayed. True results would be damaging to a laboratory?s reputation


and to their business (Holtorf, 61).


One of the newest drug testing techniques being used is Hair testing. This form of


drug testing is considered less invasive and harder to pass. Hair testing can obtain


information on drugs that were done as long as three months prior to the day of testing.


The question of discrimination, accuracy and purpose of the testing raise the most


questions. Contamination of the hair is also a factor in the decline of accuracy of this test.


The hair of African-Americans binds drugs into the roots of the hair ten to fifty


times more than that of a Caucasian (Holtorf, 104). This is extremely discriminatory


because of the greater risk an African-American will have in taking a Hair test. ?Some


tests have shown that coarse hair shows much higher concentrations of drugs than lighter


hair after ingestion at the same amount of drugs? (Stencel, 199). There have been


numerous studies conducted that show that when two individuals ingest the same amount


of drugs, the darker complected, darker haired one will show greater concentration of the


drug. In two different cases two African-American women were tested positive to Drug


use through hair testing and now are pending investigations. ?Last August, Althea Jones


and Adrian McClure, along with six other Chicago African-Americans who say they


received erroneous hair test results when applying for the Police Academy, filed


complaints of racial discrimination with the Equal Employment Opportunity Commission.


The group is considering suing both the city of Chicago and Psychemedics? (Kean, 1)


Many scientists have confirmed that there is no true distinction between the drug


being smoked or being in the same area or room for a great duration of time in the result


of the hair test. Also, because of the low level of tolerance in the testing even a second


hand experience to a drug such as Marijuana can cause a positive result in a drug test.


Dyeing of hair also has different effects for types of hair. Using bleach, perming or


excessive UV exposure can decrease the chance of testing positive in a Hair test. ?For


these reasons, the ACLU strongly opposes hair testing. ?Every reputable scientific


organization in America rejects the use of hair testing for employment purposes,? (Stencel,


199). ?The Food and Drug Administration, the Department of Transportation, the


National Institute of Drug Abuse, and the Society of Forensic Toxicologists all raise


serious questions about the accuracy of hair testing. ?The consensus of scientific opinion


is that there are still too many unanswered questions for it to be used in employment


situations,? said Edward Cone, the National Institute of Drug Abuse?s leading researcher


on the test, in June 1998. In a recent interview, Cone said that hair testing ?is not ready


for use yet, where people?s lives are at stake? (Kean, 2).


Our Politicians in the United States are not tested for Drugs. This is quite


alarming that the idols that we vote into office and make out laws are somehow above the


law when in comes to Drug testing. ?In late September, the White House refused requests


from congressional investigators seeking information about the jobs held by those in the


special drug testing program. ?Your request amounts to asking us to be complicitous in a


methodical, broad scale invasion of privacy,? White House Counsel Jack Quinn wrote in a


letter to House Civil Service Subcommittee Chairman John Mica.? (York, 7). Even the


man who the leader of our great nation. The one man who holds the greatest power and


receives the most respect in the world has fallen into drugs. ?There is evidence that Bill


Clinton himself attended some of Lasater?s parties. ?I?d never seen the governor around


coke unless he was around Lasater.? Brown told Tyrell that he saw Clinton ?stoned? but


never actually witnessed the governor ingesting drugs? (York, 7). ?While Congress


pushed for more small businesses to do drug testing, it refused to submit to drug testing, it


refused to submit to drug testing for congressmen and their staffs, claiming it was too


undignified and possibly unconstitutional? (Stencel, 205). It isn?t fair for a Congress that


enacts laws to require the people to undergo drug tests not submit themselves to the same


level of testing.


Drug testing in our country does have its benefits. Yet there are so many


disadvantages and holes in Drug testing that it costs our country billions of dollars every


year. Employment Drug testing is a proven failure, the only gain is the gain of public


funds and reputations that politicians have gained through their active role in Drug testing.


Drug testing is not decreasing drug abuse, it is being used to discriminate thousands and


ruin lives of millions of others. The Fourth Amendment is a cornerstone of our counties


Democracy, Drug testing needs to be removed from our everyday lives to ensure that we


maintain this Democracy and continue to live our lives the ?American way? as the framers


of the Constitution intended.


American Civil Liberties Union. New Jersey judge blocks drug testing of student athletes.


New Jersey, 1997.


Berger, Gilda. Drug Testing. New York: Impact book, 1987.


Holtorf, Kent. Ur-ine Trouble. Scottsdale: Stephanie Cartozian, 1998.


Horgan, J. Test Negative–A look at the ?evidence? justyifying illicit-drug tests. Scientific


American, March 1990; 262(3):18-22.


James, Jeannette C. ?The constitutionality of federal employee drug testing.? The


Amerifcan University Law Review, Fall 1998.


Kean, Leslie. ?More than a hair off.? The Progressive. 63 no.5, 32-34. May 1999.


McBay, AJ. Drug-analysis technology-pitfalls and problems of drug testing. Clin Chem.


1987;33:33B-40B.


Stencel, Sandra L. Issues for Debate in American Public Policy. Washington D.C.:


Congressional Quarterly, 1998.


York, Byron. ?Fast times at white house high? The American Spectator. V29, pp.20-26.


1996.

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