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 on the job, they also incur four times the medical expenses of the average employee. It also helps to root out employees that have a problem. If drug users know a company makes “being drug-free” a condition of employment, they are more likely to refrain from illegal drug use or to apply for employment elsewhere.
Although there are very good reasons to incorporate drug testing in a drug