If you are planning to implement a drug testing procedure for your workplace or are preparing to take part in a test (as required for your workplace), you need to keep several legal matters in mind. For example, did you know that drug testing is not permitted in every U.S. state? Prior to implementing these procedures, companies must confer with the Department of Labor about updated regulations concerning drug tests. Likewise, complications can arise if an employee tests positive for drugs and/or alcohol, as proceedings for how to deal with this people can get pretty complicated. (For instance, under the Americans with Disabilities Act, alcoholics are protected as mentally ill people.) Let’s take a closer look at what you need to know about drug testing in your workplace.
Problems with Privacy
In a federal case that took place recently, the Tenth Circuit rejected a proposal for a requirement that employees should disclose all information related to their prescription drugs (prior to a drug or alcohol screening). Although the company argued that this information was an essential component of the tests, the courts ruled against the proposal, claiming it was an invasion of the employees’ privacy. In our State of California, though, lawmakers deemed that the requirement of prescription information is 100% illegal.
Protection of Private Lives
However, the situation can be a bit more concerning where private life is concerned. In the State of New York, for example, the Legal Activities law prevents employers from turning away employees who use alcohol and drugs when they are not at work. Although managers and supervisors have every right to take appropriate action against alcoholics or drug addicts, they cannot deny initial employment.
Sometimes, the fight for employers’ privacy can take an entirely different turn. In another case, after a Navy Seal was arrested for a DUI offense, the Merit System Protection Board assessed the U.S. Military’s right to fire workers based off-duty activity and behavior. Meanwhile, one company fired an employee for the consumption of marijuana, resulting the courts showing favor to the employee. As you can see, drug testing isn’t as easy as it looks.
Seeking Treatment for Drug Addiction or Alcoholism
Always remember that drugs and alcohol do not have control over your life. You do. Are you suffering from a substance use disorder or a severe form of addiction? Do you have a friend or family member suffering from one or more of these debilitating illnesses? If you do, get in touch with Asana Recovery today. Our counselors and healthcare experts are ready to walk you through every step of the detox and withdrawal process and rehabilitation and guide you towards living a happier, healthier, and freer lifestyle. While the road to recovery might not be an easy road to travel, we promise to help you every step of the way. Take the first step to stay fit, healthy, and safe.
The time for you to take back control of your life is now. If you are interested in one of our residential treatment or supervised detoxification/withdrawal programs, we are ready and waiting to speak with you at your disclosure. Call Asana now at (949) 438-4504 to learn how to overcome your drug abuse, alcohol abuse, or addiction troubles today.