Pros And Cons Of Drug Testing

Legal Challenges. When discussing the use of drug testing at the work place for pre-employment screening or on the job testing, we must consider the legal and ethical implications. Those who are in favor of drug testing claim that the testing itself acts as a deterrent in the use of illegal drugs and will also detect the use of illegal drugs which could impair employees resulting in injuries, accidents, lost productivity and ultimately liability concerns. Those in favor also refer to federal laws such as the Controlled Substances Act and take a zero tolerance approach to their employment policy. On the other hand those who argue against drug testing claim ethical violations of privacy and in some cases seek protection under state and federal laws such as the Americans with Disabilities Act, not always successfully. In the case of Raytheon v. Hernandez, the employee sought protection under the Americans with Disabilities Act which “prohibits discrimination against individuals with a drug addiction, although it permits an employer to act against an employer because of current drug abuse” (Witlin 2004). There is also a trend in the United States for the decriminalization of marijuana for personal and/or medical use which creates conflicts for employers. Employers have the responsibility to interpret both federal and state laws when determining their stance and policies when it comes to drug testing at the work place.

One of the most common arguments in favor of drug testing in the workplace is to prevent occupational injuries and associated costs. There is also a concern with lost productivity due to impairment caused by illicit drug use while on the job. A study found that “the annual costs of these workplace injuries and illnesses...

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...red with the employer there is still the possibility and again a gross invasion of personal privacy.

This is a hotly argued topic especially when it comes to marijuana which a growing portion of the population view less of a threat over other illegal drugs or even alcohol. For the United State the medical marijuana issue will not be resolved until changes are made at the federal level to decriminalize or even fully legalize its distribution and use. Until that time it is up to employers to build their policies around applicable laws. I think Jeffrey A. Mello put it best in saying “employers have to balance the competing issue of the employer’s right and duty to establish and maintain safe work environment with their ethical, if not legal, obligations to reasonably accommodate employees with disabilities who may require prescribed or recommended drugs” (Mello 2013).