Drug Test Essay Research Paper Recent increases

Drug Test Essay, Research Paper

Recent increases in the use of illegal drugs and problems related to that use have raised a variety of public health and safety concerns. These concerns have led many to propose drug testing as one of the best ways to combat the proliferation of drug use. Although the focus is testing for drugs, it is worth noting that similar calls for increased testing has risen due to the spread of HIV and the threat it poses to those exposed to it. Clearly, these public health and safety concerns conflict with privacy claims of those being targeted for testing. Nevertheless, many view the public safety threat as serious enough to override completely any individual privacy interests. Indeed, public opinion polls indicate that there is widespread support for a variety of testing programs, even those that are random and mandatory. Although drug abuse should not be tolerated in the workplace, care must be taken to limit the extent to which drug testing intrudes on people=s privacy. The idea is to use the technology carefully, with adequate justification, and with enough safeguards and precautions to ensure that testing is done thoughtfully and responsibly.

Both the government and private business argue that they have a significant interest in testing citizens and employees for a variety of reasons. First, they can fight the Adrug war@ by weeding out users and stopping drug use. Second, they can ensure safety by revealing conditions that pose a serious threat to co-workers or the public. Third, they test employees so they can maintain a fully responsive and effective workforce. Fourth, they can identify those who will be unable to work in the future. Fifth, it will help reduce the cost of employee health care plans. Finally, drug testing will help maintain public confidence in the integrity and trustworthiness of their operations. Many insurance agencies argue that testing is necessary because it fundamentally causes the healthier employees to pay higher premiums to cover the costs of the coverage for those who are at greater risk levels. All of these arguments provide strong reasons to consider drug testing.

In some industries, such as health care and transportation, even casual drug or alcohol use can result in not only increased costs, but also in lawsuits and loss of life. Even if the employee is not chemically dependent, a spouse or family member using drugs or alcohol can mean missed work, extensive personal phone calls and increased dependent medical benefits.

Supreme court justice Antonin Scalia found drug testing to be an invasion of privacy and a practice of A needless indignity.@ He states that if a blood test is used, it involves puncturing the skin. If a urinalysis is utilized, the sample must sometimes be gained under direct observation to guard against drug-free substitutions and falsification of results. He feels that there are more effective methods of identifying drug users. For example, a daily observation of moods, behavior, and productivity, can detect drug use and be dealt with immediately.

Many employees feel that implementing a drug testing program will prove to the lack of trust between the employer and employee. They feel that this will cause high turnover rates from year to year. It will also lower employee morale and effectiveness while on the job. These problems could be avoided by just utilizing the observance plan mention earlier.

Opponents of drug testing also focuses on the limitations of the testing procedures, arguing that the tests are highly inaccurate. One worry is the sensitivity of the tests. Many types of tests procedure inaccurate, innocent parties will be harmed because most tests produce a large number of false positive results, indicating that there has been drug use when there has actually been none. Such false positive results can rise from the use of medications, passive inhalation of marijuana smoke, or the technology employed for many drug tests. Drug testing opposers cite the human error of lab personnel that further implicates the accuracy of results

The first two cases on drug testing to reach the Supreme Court were argued in 1988. From the decisions issued the following year, it is clear that the court held that urine tests are a significant intrusion into a fundamentally private domain. Since then, every court that has addressed the issue has found that urinalysis and blood tests intrude on privacy as a search and seizure forbidden under the fourth amendment. Courts have mainly focused on the privacy invasion involved, first, in the process of urination and the manner in which the specimen is obtained, and second, in the individuals interest and safeguarding the confidentiality of the information contained in the sample. While drug tests might also violate the fifth amendment protection of due process and constitutional privacy interests, courts have taken the privacy claims of the fourth amendment to be the most forceful constitutional threat.

Some surveys show employees strongly support drug testing because it promises greater safety and harmony at work. However, scores of civil suits in the early and mid 1980’s challenged the procedure as an invasion of privacy. The courts have upheld most testing programs, and fewer suits are now being filed.

In a study conducted by the society for Human Resources Management, human resource professionals most