When a business decides they must ensure their employees are not involved with illegal substance use on the job, they are in for a contentious period. Contrary to popular belief, not all employees are opposed to the idea of keeping their workplace free of illegal chemicals, but they can feel intimidated and fearful of the process. One way to alleviate that fear is to have a trusted outside agency like a mobile drug testing Texas help implement it.
While the goal of a business free of the complications brought on by individuals using illegal substances is a good one, successfully running a program to ensure it is complicated. At a federal level, the law is quiet, as while the government has enacted a law prohibiting the use of illegal substances, it applies only to federal employees. Thus the decision of whether or not to enact any guidance on this issue has been left to each state.
In certain occupations, primarily those which affect large portions of the public, employees are subject to the federal law, such as long haul truck drivers or oil pipeline workers. The Lone Star state has not made such examination mandatory, but allows employers freedom to implement a program with few restrictions. The implementation of a no tolerance process that results in immediate termination for a positive test is also legal.
While there is considerable latitude for companies, every citizen is still afforded protection against an unfair process. Two amendments to the Constitution have been held applicable to workplace policies on illegal substance use. The first is the Fourth Amendment, which holds that individuals may not be subjected to frivolous or targeted searches without cause.
The right to due process under the law is ensured by the Fifth Amendment to the Constitution. This has been held to apply in instances where employee chemical analysis appears to target an individual without a reasonable cause. It is a protection that ensures no individual employee can be singled out without demonstrable reason to suspect their behavior.
There is wiggle room in that a business may test all drivers, for example, and not test its clerical staff. Still, the courts have held that blood tests can be considered unreasonable if it appears targeted without reasonable cause. Such an evaluation would be considered legal, however, if there is a reasonable indication of impairment.
For businesses, beginning such a program need not be difficult, all they have to do is run it fairly. It is important to communicate to the workforce which of them are included and why, what they will be checked for and what the penalty for positive results will be. As long as the program is conducted without bias, the process will be legal and effective.
As long as the company is motivated to implement a policy to keep illegal substances out of the workplace out of a genuine effort to increase safety for employees and the public, it should have little difficulty in accomplishing the task. Another issue is the stigma the process can have, but that problem can be easily handled by using an external company. To protect the privacy of employees and prevent any loss in productivity, using mobile drug testing Texas is a simple solution.
While the goal of a business free of the complications brought on by individuals using illegal substances is a good one, successfully running a program to ensure it is complicated. At a federal level, the law is quiet, as while the government has enacted a law prohibiting the use of illegal substances, it applies only to federal employees. Thus the decision of whether or not to enact any guidance on this issue has been left to each state.
In certain occupations, primarily those which affect large portions of the public, employees are subject to the federal law, such as long haul truck drivers or oil pipeline workers. The Lone Star state has not made such examination mandatory, but allows employers freedom to implement a program with few restrictions. The implementation of a no tolerance process that results in immediate termination for a positive test is also legal.
While there is considerable latitude for companies, every citizen is still afforded protection against an unfair process. Two amendments to the Constitution have been held applicable to workplace policies on illegal substance use. The first is the Fourth Amendment, which holds that individuals may not be subjected to frivolous or targeted searches without cause.
The right to due process under the law is ensured by the Fifth Amendment to the Constitution. This has been held to apply in instances where employee chemical analysis appears to target an individual without a reasonable cause. It is a protection that ensures no individual employee can be singled out without demonstrable reason to suspect their behavior.
There is wiggle room in that a business may test all drivers, for example, and not test its clerical staff. Still, the courts have held that blood tests can be considered unreasonable if it appears targeted without reasonable cause. Such an evaluation would be considered legal, however, if there is a reasonable indication of impairment.
For businesses, beginning such a program need not be difficult, all they have to do is run it fairly. It is important to communicate to the workforce which of them are included and why, what they will be checked for and what the penalty for positive results will be. As long as the program is conducted without bias, the process will be legal and effective.
As long as the company is motivated to implement a policy to keep illegal substances out of the workplace out of a genuine effort to increase safety for employees and the public, it should have little difficulty in accomplishing the task. Another issue is the stigma the process can have, but that problem can be easily handled by using an external company. To protect the privacy of employees and prevent any loss in productivity, using mobile drug testing Texas is a simple solution.
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