Balancing the Scales of Justice: The Need for a Drug Testing Policy for New York State

• NCJ Number: 115806
• Author(s): J Miller; M A Lehner; L Eddy
• Date Published: Unknown
• Length: 46 pages
• Sponsoring Agency: New York State
• Publication Format: Document
• Publication Type: Issue Overview
• Language: English
• Country: United States of America

Annotation

This report to legislators and policymakers in New York State presents the major issues that must be addressed in order to develop a drug testing policy that fairly balances the interests of employers and employees.

Abstract

The report distinguishes between the protections against unreasonable searches and seizures and invasions of privacy accorded public and private employees as well as job applicants. While an estimated 30 to 50 percent of New York businesses have drug testing policies, the State has not yet developed standards to govern drug testing by private or public businesses. The liabilities resulting from dismissal of an employee with a false positive are discussed, along with the issue of urine test accuracy, the application of standards to testing laboratories, and the development of employee counseling programs for those who test positive for drug use. Draft legislative proposals reflecting a comprehensive State drug testing policy are included.