Читать книгу Employee Management for Small Business - Lin Grensing-Pophal - Страница 50

The issue of drug-use testing has reared its head in boardrooms and on loading docks throughout North America. Many states and municipalities have adopted measures restricting or regulating the use of drug testing by employers. In addition, certain other national regulations may apply depending on the industry you are in and the type of business you do. For instance, the Drug-Free Workplace Act requires all government contractors to certify that they will maintain a drug-free environment to be eligible for contracts of $25,000 or more. Executive Order 12564, established in 1986, requires federal agencies to develop antidrug programs that include requirements for testing employees for drug use. The Department of Transportation rules require that employers test an employee for the presence of illicit drugs if the employee’s performance may have contributed to an accident. The Department of Defense rules specify that a contractor must establish a program for testing of employees in “sensitive positions.”

Naturally employers want to protect themselves, their clientele, and other employees from the adverse effects of an employee who abuses illicit drugs. Employees are equally concerned about the preservation of their right to privacy, about the possibility of misread or botched tests, and about the effects of drug testing on their current and future earning capacity.

Drug use has been shown to increase industrial accidents, including property damage and personal injury. In addition, drug use can lower productivity and increase absenteeism and tardiness. Drug-use testing programs, on the other hand, can have a negative impact on morale and can have their own adverse effects on productivity.

If you are considering establishing a drug-free workplace program, make sure that you —

• are aware of federal, regional, and local requirements applying to drug testing;

• consider the possible application of general discrimination laws that may apply to rehabilitated drug users;

• consider the issues of employee privacy, test accuracy, and confidentiality and how they may affect claims of abusive discharge; and

• consider the subjective impact of such a decision on your workforce.

Drug use affects businesses to the tune of billions of dollars each year. Regardless of the existing state of the law, employers must consider the pros and cons of implementing programs to combat these costs. A proactive approach is needed to strike a balance between the needs and rights of employees and the needs of the company.