Drug Testing in the Workplace The Effect of Drug Testing in the Workplace Rahsha Simpson Ashworth College Labor Relations March 5, 2014

Drug Testing in the workplace Page 2 President Ronald Reagan launched the federal government “drug free” workplace campaign, in the 1980’s. This was to create awareness of the long term, damaging effects of drugs on our nation. In an effort to create a “clean” work environment, this campaign has been the target of significant positive and negative press for decades. Testing in the hiring process impacts employees for a myriad of reasons. The most noted is how one’s rights of privacy can feel invaded, with having to agree to this stipulation, prior to formally accepting a job offer. Even upon successfully passing the drug testing, and employee may still be subject to random testing from the Human Resources department, as a condition of maintaining their employment status. The terminology for drug testing can differ greatly from one employer to the next. However, there are some across the board accepted practices. In spite of the formal disclosure, employers must maintain adherence to the Human Rights Act of 1985. Attempts by employers to force employees to take drug tests, could potentially be challenged as a violation of privacy under this act. First, the employer has a duty to provide a safe working environment, which includes that they not knowingly allow an employee to work while impaired by illegal drugs. Also, the employee must consent to testing without unreasonable refusal coming into play. Lastly, the testing must be conducted using discretion on the employers part. The information is regarded as sensitive. When an organization elects to conduct drug testing, they should be sure that unions are aware of process and procedure. The National Labor Relations Act, states that laborers should be informed of not only drug testing policies, but other organizational decisions as well. The organization should be aware, that failure to inform NLRA, could result in legal ramifications, since unions play a significant role in companies. Drug testing in the workplace Page 3

 It is not wise for employers to risk a unionized strike, because of conflicts with long standing policies. Essentially, before executing only drug testing policies, the employer should consult with union personnel. In conclusion, the issues surrounding a “drug­free workplace”, continues to be a gray area even in our modern society. In a positive attribute, this stipulation can bring tremendous balance and health to each organization, and its employees. Without this safeguard in place, a business can be on a pendulum daily, at the mercy of employees that are coherent for their assigned task. Drug testing in the workplace Page4

References The Guardian Publication (2013) Ronald Reagan’s Stance on Drug Free America Phillip Landry (Author)