NCJ Number
125884
Journal
Virginia Law Review Volume: 74 Issue: 5 Dated: (August 1988) Pages: 969-1009
Date Published
1988
Length
41 pages
Annotation
This note examines the current state of policy and practice in employee drug testing and proposes a model statute for employee drug testing.
Abstract
After exploring the dilemma of drugs in the workplace and the growth of public support for employee drug testing, this note reviews the constitutional and statutory limits on drug testing, outlines concerns about the accuracy of current tests, and proposes a model statute. The author concludes that the random testing of all employees cannot be justified due to the violation of employees' privacy rights. Further, no drug testing of any type can be justified if it cannot produce accurate results. Neither can testing be tolerated if the employer is allowed to use the results for purposes other than identification of drug abusers among employees and job applicants. The best solution, according to the author, is in identifying drug problems by monitoring employee job performance. When a decline in job performance provides reasonable suspicion of drug use, or when there is reasonable suspicion of impairment and the employee presents a safety risk to himself or others, then testing is justified. The model statute recognizes that drug testing has a legitimate role in the workplace, establishes a reasonable-suspicion standard for all testing, and provides stringent procedural safeguards to ensure accuracy and confidentiality in drug testing. 206 footnotes and appended complete text of the model statute