NCJ Number
126131
Journal
Clinical Chemistry Volume: 34 Issue: 3 Dated: (1988) Pages: 633-636
Date Published
1988
Length
4 pages
Annotation
Clinical laboratories considering urine drug testing of their employees should be aware of the legal issues and ramifications of such an action that could impact on subsequent legal actions against them.
Abstract
Four major constitutional issues are at issue: the right to privacy, search and seizure, due process, and equal protection. Various court decisions regarding these constitutional questions could affect employee drug testing programs. Although employees not covered by contract or unions could be terminated at will, recent court decisions have applied the principle of fundamental fairness which could be relevant in cases of drug testing. Unions should be brought into negotiations involving drug testing of their members. Several relevant nonconstitutional issues are potentially involved as well: discrimination, tortious invasion of privacy, defamation, assault and battery, negligence, chain of custody, and scientific evidence. 27 references.