NCJ Number
116383
Journal
University of Kansas Law Review Volume: 36 Issue: 4 Dated: (Summer 1988) Pages: 919-951
Date Published
1988
Length
33 pages
Annotation
Drug testing laws enacted by eight States are examined in terms of their success in meeting and needs and addressing the concerns of employers, employees, and the public.
Abstract
Regulation of private employee drug testing can provide guidelines for employers, protect both employers and employees from inaccurate test results, and protect employees from the personal and economic costs of unregulated testing. Utah, Iowa, Minnesota, Vermont, Montana, Connecticut, Rhode Island, and Oregon have all enacted drug testing legislation. The Oregon law mainly concerns the licensing of clinical laboratories. Six of the other seven statutes greatly restrict the employer's ability to test and to take action after a positive test. However, Utah's statute is unique in that it gives great power to the employer while restricting the rights of the employee. The other laws have been far more successful in meeting and balancing the needs of the employer, the employee, and the public. They provide guidelines for employers and protect employees by forbidding random testing and by requiring confirmatory tests. They also protect the confidentiality of test results and outline the remedies available to aggrieved employees. Discussion of legislation proposed in other States, appended chart showing existing and proposed legislation, and 364 footnotes.