Drug Testing at Work

At present, nearly half of all private companies give random drug tests to their employees at work. Many employers also use a pre drug test prior to offering employment. Many argue that this has proved to be an ineffective way to increase job safety and that random drug testing does not change anything. Human rights activists see this as an invasion of privacy and point out that human rights laws were designed to prevent employers from controlling and trampling all over their employees. 

Another controversy about work place drug testing is the reliability of the results. Although testing positive doesn’t necessarily mean a dismissal, it can seriously impact the employee. In some cases the employer may offer help and support. More often than not, however, the employee is seen as a liability rather than an asset to the company. Therefore, a false positive can prove to be a serious injustice to the employee. If this happens, it would be a good time to have a serious talk with your boss and seek legal support.

Supporters of employment drug testing argue that this is the only way to ensure safety at the work place. They also see it as a filtering method to finding the most productive employees. This seems fair if you’re dealing with someone who drives a school bus, flies a plane, or performs open heart surgery. All of them have a serious obligation to another’s safety. 

Those that oppose drug testing argue that there are many other avenues an employer can use. For example, employers should give regular feedback to those whose work may be suffering and then offer adequate support. Those employed in positions that require optimum performance to ensure safety (like pilots) could complete cognitive tests prior to beginning work. If an employee appears impaired from either lack of sleep, illness, or intoxication, employers could send them home. It’s also important for employers to discuss their expectations with their employees.

Many people who suffer from alcohol and drug abuse are considered to have a disability. In Canada, there is a Duty to Accommodate requirement for workers with disabilities. Therefore, if an employee has an addiction to alcohol and an employer fires them rather than assisting them to beat their addiction, they are violating that duty. Many experts point out that random drug testing is not an effective way to address substance abuse. The tests can produce false positives and may not even prove intoxication. Another concern about random drug testing is that many feel what a person does on the weekend is none of their boss’s business. 

Pre-employment and random drug testing is widespread in the United States. It has yet to prove its made workplaces any safer. This allows employers the ability to manage the workplace and stop unsafe work practices. Employers don’t need more power to combat substance abuse but rather use what they now have. There has not been any evidence that work places are safer as a result of this regime. Most important, is for the employer to realize it’s not about who’s using drugs, but who’s doing a good job.

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