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NCJRS Abstract

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NCJ Number: 126131 Find in a Library
Title: Legal Issues Related to Drug Testing in the Clinical Laboratory
Journal: Clinical Chemistry  Volume:34  Issue:3  Dated:(1988)  Pages:633-636
Author(s): R T Chamberlain
Date Published: 1988
Page Count: 4
Type: Survey
Format: Article
Language: English
Country: United States of America
Annotation: Clinical laboratories considering urine drug testing of their employees should be aware of the legal issues and ramifications of such an action that could impact on subsequent legal actions against them.
Abstract: Four major constitutional issues are at issue: the right to privacy, search and seizure, due process, and equal protection. Various court decisions regarding these constitutional questions could affect employee drug testing programs. Although employees not covered by contract or unions could be terminated at will, recent court decisions have applied the principle of fundamental fairness which could be relevant in cases of drug testing. Unions should be brought into negotiations involving drug testing of their members. Several relevant nonconstitutional issues are potentially involved as well: discrimination, tortious invasion of privacy, defamation, assault and battery, negligence, chain of custody, and scientific evidence. 27 references.
Main Term(s): Employee drug testing; Legal liability
Index Term(s): Chain of custody; Constitutional Rights/Civil Liberties
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