...it comes to drug testing. An effective workplace drug abuse policy needs to follow the state’s laws. This policy needs to be clearly understood by employees and supervisors. Any miscommunication can cause problems and possible lawsuits. According to the American Management Association, the percentage of employers with drug testing programs has dropped steadily since 1996 from 81% to 62% in 2004. They believe that this will continue to drop in the coming years. Drug testing policies are similar in many companies. Some require a drug test as part of a pre-employment screening policy. Of the companies that do this, it’s usually the only test they will take. The pre-employment drug test seems to be the easiest for companies to use, while the employees don’t have to worry about it again. Most companies that have a drug testing policy will use random drug tests. Although they have these drug testing policies, only a small number actually give the tests. Out of the companies that conduct random drug tests, their frequency of testing are all different. Some use independent companies to do their testing for them. Although this can be expensive, it’s usually best for companies that do random testing. Employees won’t feel like someone within the company is “out to get them”. These independent companies will select the employees to be tested and will administer the test outside of the office. These tests are purely random. The person in charge of the testing at the company...
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...SAMPLE DRUG TESTING AND ENFORCEMENT POLICY The following Drug Testing Policies are suggestions of policies that must be in place PRIOR to a store using drug testing with Employees. It is recommended that you create a written Drug Policy. Have it reviewed by your attorney. Then have all employees read, and sign, their acknowledgement of the policy PRIOR to beginning testing. Drug testing supplies are available to MHA members at: Drug-test-kits from Single Source Or by calling Single Source direct at 800.713.3412. MHA Members receive a 10% discount off regular pricing. [pic] DRUG POLICY SAMPLE 1 This policy provides [Company Name] employees with guidelines pertaining to drug and alcohol abuse during the normal course of employment. Scope: This policy applies to all employees of the company at all locations. Policy Statement: [Company Name] provides a safe and productive work environment for all employees. It is the policy of the Company that employees shall not be involved with the unlawful use, possession, sale, or transfer of drugs or narcotics in any manner that may impair their ability to perform assigned duties or otherwise adversely affect the Company's business. Further, employees shall not possess alcoholic beverages in the workplace or consume alcoholic beverages in association with the workplace or during work time. The specific purpose of this procedure is to outline the methods for maintaining a work environment free from the effects of alcohol/drug...
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...What is Drug Testing Drug testing refers to the analysis of biological material to detect the presence or absence of drugs and metabolites within the human body. Metabolites are the substances into which drugs, including alcohol, are converted by the human body. The presence of metabolites shows that the relevant substances have been used in the recent past. The most common form of testing for illicit drugs is the analysis of urine samples. For alcohol, breath tests are more common, and these are often followed up by blood tests for confirmation. Oral fluid, hair and sweat can be used to conduct test to find the presence of drugs or alcohol. Drug Testing in the Workplace Drug testing in the workplace refers to all kinds of employee related drug testing. The basic forms of drug testing are pre employment testing, routine medicals, transfer testing, mandatory random testing, post accident testing, ‘for cause’ testing, post treatment or follow up testing, and voluntary testing. All of these methods of drug test could be utilized either independently or in a variety of combinations. Also sometimes companies may test everyone who works for the company from senior management on down. Random drug testing can also be given with or without notice to the employee. Drug testing in the United States became popular during the 1970s as an attempt to prevent the spread of drug abuse in the U.S. military during the Vietnam War....
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...Drug Testing In The Workplace Drug Testing in the workplace can seem impersonal and invasive towards employees but it is a process that is done when an employer has reasonable suspicion that employees are using drugs at work coming from a variety of sources such as tips, accidents or behavioral problems, actual observation of drug use, and symptoms of drug usage. Today businesses feel that they have to be well aware that their workplace is a drug free place and that their employees are stable and productive and in doing so, employers result to drug testing. Many feel that drug testing is a good tool to use to have an ideal workplace culture and that most would feel like they have nothing to hide so why object? But not everyone feels the same, others do feel that drug testing like said before, is a violation of privacy and has no sense to be done. Even though one can feel this way that doesn’t make that employee a drug user just that most actually feel that drug testing is degrading. Drug abuse in the work place can affect performance and safety on the job and how an organization see’s it is that drug testing will help eliminate those poor factors. A clear written policy that outlines the employer’s expectations concerning drug use will allow for drug testing in a drug free workplace environment program. The program does have to include training the management on the signs and symptoms that would allow them to perceive with drug testing on employees. Also programs teach...
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...EMPLOYERS AND EMPLOYEE RIGHTS ON DRUG TESTING IN THE WORK PLACE: Employer and employee have different rights and responsibilities in the organization. The right are provided for the productivity of the organization. Drug and Alcohol Testing: The use of drugs such as cocaine and alcohol has received widespread attention in recent years and many private employers now routinely test for drugs and alcohol use. However, the laws regulating drug testing are relatively new. The courts are still shaping them. At present, the Americans with Disabilities Act, some state laws, and court decisions affect an employer’s ability to use drug testing during the pre-employment period. Generally, the law allows employers to require prospective employees to take drug tests if * The candidate knows that such testing is part of the screening process for prospective employees, * The employer has already offered the candidate the job, * All applicants for the same or similar positions are tested similarly, and * A state-certified laboratory administers the test. Employers can avoid some potential problems by including an agreement to submit to such tests on their application form. Several federal laws and regulations require certain employers to conduct pre-employment drug and alcohol tests. Other issues that employers should consider when deciding whether to use drug and alcohol tests as screening devices are: The duty to provide a safe workplace: State...
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...A Guide To Implementing Pre-Employment Drug Testing For so many years, the drug problem in the country remains as one of the major problems that the government is facing. Despite the strict implementation of rules governing the manufacture and trade of illicit substances, clandestine laboratories just sprouted everywhere. Putting these people behind bars is almost impossible, particularly when they find some clever ways on how to make their underground business very successful with the help of some influential people. That being said, the entire society is at risk. According to a report, workforce substance abuse has increased due to the use of illicit substances. The most common drugs used are cocaine, methamphetamine, and marijuana. With...
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...Case study 16-1: Castulon Corp: Drug testing Program MHR 6451 09/04/2012 Abstract Does the American workforce have issues with drugs? If so, should employer incorporate drug programs within the work place? According to the U.S. Department Statistics, “75% of all illegal drug users are employed full and part time; 3% say they have used illegal drugs before or during work; 79 % of heavy alcohol abusers are employed and 7% say they Have Consumed alcohol during the workday” (Zeidner, Rita 2010). In essence, employees that go to work under the influence of drugs are a risk to the individual as well as other employees. Therefore, with such high drug statistics and risk factors with employees under the influence of drugs, should Castulon Corporation establish a drug-testing program and what policy should be use? If so, what are the most difficult challenges Castulon Corp. will be facing while implementing the program? Along with the drug program implementation, should alcohol testing be a part of the testing? In the following discussion, these questions will be analyzed and answered. Main Discussion First of all, should Castulon Corporation implement a drug program within the workplace? If so, what policy should they implement? Since Castulon Corp has encountered drug issues within the workplace within two short months, they should highly consider implementing a drug program. By implementing a drug program within Castulon Corp, it will increase safety by reducing...
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...Decision Making Final Paper Is it ethical to test company employees for illegal drug use? May 26, 2010 TABLE OF CONTENTS Abstract ______________________________________________________ Page 3 Introduction __________________________________________________ Page 3 Options and Analysis _________________________________________ Page 5 Libertarian Law _______________________________________________ Page 5 Utilitarian Law ________________________________________________ Page 6 Distributive Justice ____________________________________________ Page 7 Recommendation ______________________________________________ Page 8 References ____________________________________________________ Page 9 ABSTRACT This paper examines the problem of drug testing in the workplace and how one may apply different ethical models to this HR quandary. When companies decide to test, they should do so in a reasonable way. This paper provides background information on libertarianism, utilitarianism, and a distributive justice models. These ethical theories are generally accepted standards of right and wrong to conduct a business environment. They are discussed and interpreted in regard to how a company might apply the concepts to drug testing. The paper recommends the use of the libertarian model as it provides a rational approach, and one that is balanced, in respect to the question of testing. According to the interpretation of the author, the...
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...Case Study Choice 2 Drug testing is a touchy subject for most companies. If a company does not already have drug testing in place then it is a hard topic to bring up to employees. Drug testing is an essential way to make sure there is safety in the workplace. Not all employees are using drugs but the ones who are, need to be weeded out. Castulon should establish a drug testing program to ensure safety of employees and their company. The program they need to start is 100% testing on all new hires, and random testing on current employees. They would need to tell all employees that there will be random drug testing and that any employee who fails will be subject to disciplinary actions to include up to termination. Before the testing starts all managers need to have a meeting with their employees and inform them of the new testing and how it will be done. They also need to inform them of the disciplinary results if they fail the drug test. All testing procedures and policies need to be posted and accessible for employees to view at any time. The testing that would be set up would be a urine test. Once you are selected you will enter a room and not be allowed to leave until you have provided a sample. All samples will be private and the results will only be shared with the manager and the employee who took the test. If an employee fails due to prescription medication that they have a valid prescription for they will need to provide proof of that prescription, and no disciplinary...
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...prevent any loss of business as a cause. One of the examples that this paper will talk about is the issue of drug testing. Drug testing is a sensitive issue as there are many different viewpoints regarding this issue. Drug testing also known as drug screening was used increasingly in the 1990’s to test for the presence of illegal narcotics in the blood or urine of the employees. An employee abusing illegal narcotics may be impaired and thus at a greater risk of injury or illness on the job (Kesselring & Pittman, 2002). A previous company I used to work for had many issues regarding drug testing and it sometimes came back to hurt them. Drug testing has become an issue of outstanding social concern across the country and has been used by many employers (Wall, 1992). This paper will explain the issue that drug testing causes as well as some of the ethical concerns raised by the situation. This paper will also explain the laws that effect drug testing as well as recommendations to reduce liability exposure and improve the ethical climate of the situation Description of Business that presents a legal and ethical issue Drug testing was a big concern of a company I used to work for in San Diego. Sterling Security was a company that was bought out in 2004 due to some rising issues within the organization. Drug testing had become an issue because there were many times where employees were involved in auto accidents and incidents with working with law enforcement. Sterling Security was broken...
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...Case Study 2: Drug Testing Drug testing in the workplace became legal when President Reagan signed "Executive Order 12564 -- Drug-free Federal workplace". In turn, that spawned the Drug-Free Workplace Act of 1988. Although both apply only to the workplaces of Federal employers and Federal contractors and grantees, private-sector employers immediately followed the government's lead because they legally could. However, there is much controversy over the legality of drug testing in the workplace, especially the legality of random drug testing. Many legal professionals consider it to be a personal privacy invasion and an unreasonable search and seizure, contrary to our rights granted by the Fourth and Fourteenth Amendments to the U.S. Constitution. Subsequently, employee drug testing lawsuits have and continue to challenge the legality of drug testing. Should Castulon Corp. establish a drug testing program? The short answer is yes. There are several factors that could change this but based upon the information I see no need for there not to be testing. There are a multitude of reasons any company including Castulon should and do implement drug testing. They do it to keep their employees and others safe. Workers on drugs present a clear and present danger to themselves, co-workers, and members of the public. Employers cannot and should not allow the safety and health of others to be jeopardized by drug abusers in the workplace. Drug users are not only more likely to injure others...
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...1. How does drug testing effect hiring and testing employees A. Though many feel that drug testing is an invasion of privacy, drug testing enhances the probably to having a successful business. B. The strategy is to obtain the best employees to come in and assure that your company will have a successful production and outcome rate. C. There are different regulations and laws set to insure proper and relevant drug testing that assure the best environment for the workplace (employer and employees) D. In today’s workplace, drug testing has become a debatable matter. Every employer, regardless of industry or profession, must decide on way to position themselves and their business. There are many people that feel drug testing in the workplace is an attack of privacy. On the other side, however, there are those who believe that in today's workplace drug testing may be common but is vibrant to a successful business. 2. The Body of my research A. How do regulated laws play a part in the effect of drug testing? B. How lab testing affect the outcome for the employer and the employee. C. Pros a. Confining to federal and state regulations. b. Weeding out people that will be a liability to the employer, co-workers, and themselves. c. Preventing low productivity from that use drugs as compared to those that don’t. d. Preventing a high rating of work injuries. D. Cons e. Resistance from employers. Violates their privacy...
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...lose billions ach year in lost productivity and accidents by employees. Research also shows that substance abuse greatly contributes to the increase of workplace violence (Ivancevich, 2010). In order to prevent loss of productivity and provide a safe environment for employees, it would be in Castulon Corporation’s best interest to establish a drug and alcohol testing program. Due to the nature of work and the type of product produced at Castulon Corporation, any mistake made by drug impaired employees in the design or production of a system could be catastrophic for users. For this reason, Castulon Corporation should us a random drug testing program for its employees. There is no absolute "model" substance abuse program that is right for all companies. The program should be tailored to the needs and circumstances of the individual company. There are, however, five standard components of a comprehensive workplace substance abuse program. The five components include a written policy statement, supervisor training, employee education and awareness, employee assistance for providing help, and the actual drug testing. In Castulon’s program, employees are subjected to a standard five panel test for “street drugs”, which include marijuana, cocaine, PCP, opiates and amphetamines from a urine sample. A breath test for alcohol can also be administered. Employees who do not comply with a drug test request for testing, provide false information or tamper with the test results in...
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...Work Place Drug Screening Opinion Paper Miquavian Tate PSY/425 January 14th, 2016 Sherrell Ellis Workplace Drug Screening Opinion Paper In today's society drugs are have become more prevalent that any other time in the past. Due to the rise in drug use, employers have begun to take more steps in testing potential candidates before they make the decision to hire them. Although these drug tests do not show potential addictions to alcohol, they take the chance of hiring someone who abuses drugs out of the picture. There are many tests available to these employers to choose. This paper will cover the type of test available, what's the kind of programs are offered to those who abuse drugs and give a general summary of both ethical and legal issues surrounding drug testing in the workplace (Hartwell, 1996). There are five types of drug tests that employers can choose. These five tests are consist of urinalysis, blood testing, hair testing, saliva, and sweat testing. The most common form of drug testing used during pre-employment is urinalysis. Urinalysis is the most popular with companies because of how little the cost is and how easy it is to administer on of these test. Although there are low costing and easy, these test can easily be tampered with by the recipients of the test by drinking large amounts of water pretest to dilute the urine to make the sample untestable. Another problem that may arise is that of a possibility of error with the test at the lab which they...
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...The Case for and Against Drug Testing Case Study 16-1 Columbia Southern University The adversity that the Castulon Corporation is faced with during the recent discovery of employee’s use of drugs on and off the facility, they’re trying to decide what can be done about the current situation while implementing a drug screening policy to resolve the situation. According Drug Use Statistics, “Among unemployed adults aged 18 or older in 2009, 17.0 percent were current illicit drug users, which were higher than the 8.0 percent of those employed full time and 11.5 percent of those employed part time. However, most illicit drug users were employed. Of the 19.3 million current illicit drug users aged 18 or older in 2009, 12.9 million (66.6 percent) were employed either full or part time” (Substance Abuse and Mental Health Administration, 2010). Not to mention prescription drug abuse or alcohol abuse. Some say those statistics and Castulon Corporation’s current issues that the implementation of a drug screening policy should not should be put in place immediately. However, what implications would it have on the employees who are not a using drugs, and how far should the testing go, after all alcohol and prescription drug use can cause just as much damage. The one thing Castulon did was weigh the pros and cons, and assigned the task to two employees of proving both sides to management. I do agree that there are some industries where drug screening should be mandatory...
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