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Termination of Employment for Refusal to Submit to a Drug Test

NCJ Number
117741
Journal
Labor Law Journal Volume: 40 Issue: 5 Dated: (May 1989) Pages: 293-301
Author(s)
H A Flannery
Date Published
1989
Length
9 pages
Annotation
This article focuses on the policy that reasonable cause exist prior to a drug screen and discusses refusal to submit to a drug test.
Abstract
Reasonable cause or reasonable suspicion is all that should be required before an employer orders an employee to be tested for mind-altering drugs. Drug effects may not always be visually apparent to the observer and may have negative effects on mental acuteness and physical dexterity. Management has posted rules in industries nationwide requiring drug-free work environments, stating clearly that illegal drug use or possession shall result in discipline up to and including discharge. Yet management is sometimes confronted with employee refusal to submit to company directives requiring a drug screen. Unions representing grievants argue that discharge is too severe. However, the employer can only assume that employee refusal to submit to a reasonable work order clearly implies an infraction of rules against illegal drug use or possession. Employers are charged with the duty to provide a safe and healthy place to work. Exceptions to punishment for refusal to submit to a drug test would be acceptable if to obey the order would create an unreasonable risk of harm, and if the employee would be subjected to some other unreasonable risk such as unidentified public liability. In reviewing cases of employee refusal to submit to drug testing, reasonableness is the key and discretion should not be abused by arbitrators.

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