Discussion Post 4

(Student name: Jason Mendez)

The need for and the propriety of employment drug testing

The need and convenience of drug tests in employment, are several measures or tests used by

employers to assess the ability and behavior of their employees or future candidates to whom

they

will use, normally these tests are performed before hiring and normally They are analyzed

through In the urine of people, small samples are taken that will undergo immediate tests that

will give

the diagnosis. These types of tests measure the drug and alcohol in the blood; However, other

tests, such as blood tests, measure the truthfulness and amount of substance in the body. Of the

person, these tests are performed to measure the ability of people, since the use of drugs or

alcohol can decrease a person's work performance.

Some of the tests used are: random lie detection tests, amphetamines, genetic tests to detect

diseases in high-risk employees, but these tests are used as well for competitions as they measure

athletes and their skills in such a way that play well and don't make mistakes or win a race

without justification or effort

References

UPCOUNSE, PRE-EMPLOYMENT DRUG TESTING RECOVERED FROM

https://www.upcounsel.com/pre-employment-drug-testi

(Student name: Yelena Contreras)

Many employers require their employees to submit to drug testing before and after being hired.

Most of the time after being hired an employer requires reasonable suspicion before having an

employee take a drug test. Even with the recent legalization of marijuana in some states,

employees in those states can still be punished for testing positive. The punishments for a failed

drug test can include rehabilitation, termination, and losing unemployment benefits.

Drug testing is becoming more critical for the hiring process year after year. It is important for

employers to conduct drug test for background screening and re-screening because workplace

drug use and abuse can come with serious consequences for business owners.

Many federal employees, such as those who handle classified information, those who work in

national security, law enforcement officers, employees with duties to protect property, life,

health and safety, and even the President are subject to drug testing . The Supreme Court has

ruled that while drug testing does infringe on an employee's privacy, it may be necessary in order

to protect the health and safety of others . Most state laws are similar to federal laws and

generally maintain the legality of drug testing for state employees.

Employees that abuse drugs in the workplace cause major disruptions due to their lack of

productivity, poor performance, potential for work place injuries and their negative impact on

other employees. In developing and enforcing an effective drug testing policy, compliance with

applicable federal and state laws should be a high priority to avoid unnecessary legal liability.

There are different types of drug testing including:

• Pre-Employment testing that occurs after a conditional offer of employment is extended;

• Reasonable Suspicion testing that is based on the employer’s reasonable suspicion that

the employee is under the influence of drugs, based on objective and observable factors,

such as employee appearance, speech, and/or behavior in the workplace;

• Post-Accident testing following a workplace accident; and

• Random or Periodic Testing during employment.

References

Barnes, J., Dworkin, T., & Richards, E. (2012). Law, Legal Reasoning, and the Legal Profession.

In Law for Business (11th ed.). New York, New York: McGraw-Hill/Irwin.

4 Laws that Impact Drug Testing of Healthcare Employees ( 2018) retrieved from

www.healthcarecompliance.com