Drug Testin In The Workplace Essays - Drug Control Law, Free Essays

Drug Testin In The Workplace Essays - Drug Control Law, Free Essays Drug Testin In The Workplace Drug testing in the United States began with the explosive use of illegal drugs, in order to curb drug abuse. This began during the Vietnam War with drug use at a climax. In general, Drug testing is a way to detect illegal drug use and deter it, usually by Urinalysis. Drug testing in the United States violates a citizens right to unreasonable search and seizures along with jeopardizing ones freedom. Drug testing is not only an unreliable invasion of a persons privacy but it assumes that one is guilty before submitting to the test. Drug testing began to take place in the mid 1960s when drugs like Marijuana, hallucinogens and other drugs were becoming widespread (Stencel, pp.201). The military implemented mandatory drug testing because of the widespread use and the number of Vets that were returning home because of addiction. Ronald Reagan pushed for employers to implement drug testing and even had himself screened for illegal drugs to encourage employers and to reduce opposition to testing (Stencel, pp. 200). The increased concern about drug abuse has, in part, ben the result of the early 1986 appearance on the streets of crack-a new, powerfully addictive form of cocaine-and the growth of cocaine addiction (Berger, 12). President Reagan later called for a second war on drugs campaign. In October of 1986, President Reagan signed into law a 1.7 billion dollar antidrug bill, called the Drug-Free Workplace Order. In addition to the bill, Reagan instructed his cabinet officers to create a plan to begin drug testing for federal civil employees (Berger, 14). Drug testing thus begun a sharp climb into the area of private employers. In November of 1988 Congress passed an Act requiring grant recipients or federal contractors to maintain drug-free workplaces. Most of the employers set up voluntary testing programs and many employees began to sue, claiming that individual testing is a violation of privacy rights. The argument is that the employees are being deprived of their Fourth Amendment protection. Many believe that government testing programs should be unconstitutional unless the authorities have either reasonable suspicion or probable cause that the individuals being tested are on drugs. To justify the use of private employer testing, President Bush said in 1989 that Drug abuse among American workers costs businesses anywhere from $60 billion to $100 billion dollars a year in lost productivity, absenteeism, drug-related accidents, medical claims, and theft (Horgan, 19). This claim was derived from a source that interviewed families that were 28% lower in overall income than the average household. This was used in an effort to promote Bushs war on drugs forum into the private sector (Horgan, 21). Many behaviors of lower income people often differ statistically from upper-income people, therefore the statement of Bush never establishes a clear or accurate statistic. In 1989 President George Bush unveiled his National Drug Control Strategy, encouraging comprehensive drug-free workplace policies in the private sector and in state and local government (Stencel, 201). This created many controversies within the American workplace and in National Treasury Employees Union v. Von Raab decision, the Supreme Court upheld that drug testing was legal as long as it outweighs privacy rights (James). Then, in 1991 Congress passed the Omnibus Transportation and Employment Testing Act, which would extend drug testing in the United States. Throughout the rest of the 90s drug tests were extended to the outermost sectors of society causing drugs to become a significant issue during election times, although politicians are never tested themselves. The Fourth Amendment of the Constitution was created because of the rough treatment of colonists by the British. The British restricted trade and travel and this gave way to smuggling. British soldiers frequently conducted unrestricted house-to-house searches. People were forced to keep their private records and other personal information on their person or hidden in their home or business to avoid exposure and possible arrest (Berger, 102). The Fourth Amendment was part of the Constitutions Bill of Rights to protect ones privacy and maintain search and seizure guarantees. The right to privacy was described by Supreme Court Justice Louis D. Brandeis as the right to be let alone-the most comprehensive of rights and the right most valued by civilized men. The Fourth Amendment of the U.S. Constitution guarantees the right of the people to be secure in their person, houses, papers and effects against unreasonable search and seizure except upon probable cause. Random drug testing threatens the Fourth Amendment and has been called suspicion by association. This is to say that it is