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NCJRS Abstract

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NCJ Number: 157846 Find in a Library
Title: How to Protect Employees Who Are Tested For Drug and Alcohol Abuse
Journal: Practical Lawyer  Volume:33  Dated:(April 1987)  Pages:27-40
Author(s): B S Murphy
Date Published: 1987
Page Count: 14
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: This article summarizes the constitutional, statutory, and common law issues related to employee drug testing and advises employers both to be aware of these issues and to emphasize education toward prevention and rehabilitation in their efforts to address workplace drug abuse.
Abstract: Drug abuse is a major national problem; many employers have established drug testing programs. The methods of testing and the use of results have been subject to arbitration and litigation; the case law is evolving rapidly. Issues include privacy concerns, defamation, confidentiality, negligent testing, negligent entrustment, and negligent hiring. The financial costs and benefits of drug testing are not yet known, although employee assistance programs are known to have produced significant economic benefits for companies. Employers should follow several guidelines in establishing and implementing drug and drug testing policies. They should also recognize that education toward prevention and rehabilitation is the most cost- effective and humanitarian means of solving the drug and alcohol abuse problem and that rehabilitation of drug abusers is becoming increasingly successful. Drug testing can be effective in some circumstances, but it is only one tool in the effort to address the problem.
Main Term(s): Employee drug testing
Index Term(s): Employer-employee relations; Substance abuse in the workplace
Note: DCC
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