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NCJRS Abstract

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NCJ Number: 157845 Find in a Library
Title: Substance Abuse Testing in the Public Sector
Journal: South Dakota Law Review  Volume:32  Dated:(1987)  Pages:252-263
Author(s): M J Ogborn
Date Published: 1987
Page Count: 12
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: This analysis of legal and constitutional issues and judicial decisions related to employee drug testing concludes that public employers intending to engage in drug testing should develop a detailed policy and limited to situations in which a reasonable suspicion of drug abuse exists.
Abstract: In addition, before implementing a drug testing policy, where appropriate, the employer should engage in negotiations with all the respective representative bargaining agents. After a policy has been set in place, all employees should receive proper written notice. Moreover, investigations of workplace drug abuse should be carefully and properly conducted. Premature conclusions should be avoided. When the employee's job is at stake, a back-up test should be used to confirm the preliminary results. Fourth, discipline should be applied on a progressive level with care to due process rights. The employee's privacy interest should be respected at all times. Finally, consideration should be given to extensive drug education programs as well as a rehabilitation program such as an employee assistance program. Footnotes
Main Term(s): Employee drug testing
Index Term(s): Employer-employee relations; Substance abuse in the workplace
Note: DCC
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