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.
As with many well intentioned policies, however, there are difficulties trying to implement a program, even when the purpose is a good one. The federal position on chemicals in the workplace is spelled out in legislation passed under the Reagan administration, but it specifically limits the scope to federal employees. This leaves the decision for when and how to implement such processes to the discretion of 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.
But while the state laws allow for relatively easy implementation of drug-free policies, there are still protections for citizens. The Fourth Amendment protects us from unreasonable search and seizure. A blood analysis for illicit substances has been held to be covered by this provision.
Similarly, citizens have a constitutional protection from capricious policies. When a company decides to initiate such a program, it must do so in an even-handed and fair way. If the goal is truly to ensure the safety of the workplace for employees and the public, the program will not be difficult to implement. The protection is to ensure any policy is fair and without nefarious intent.
This does not meant that a company must either include every employee in the program. It is reasonable to include individuals who operate dangerous machinery on a regular basis and leave out the janitorial staff, for example. But if machinery operators are to be included, the all machinery operators must be equally subject to the process.
The legal environment may appear to make it difficult for employers, but as long as the goal is honestly the prevention of mishaps and protection of people and resources, the effort will succeed. There are simple checks of a proposed policy that will ensure it can meet legal standards. It needs to clarify who is subject to the policy, what chemicals are the subjects of any analysis, what will happen if one tests positive, and it must be clearly communicated to all employees.
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.
As with many well intentioned policies, however, there are difficulties trying to implement a program, even when the purpose is a good one. The federal position on chemicals in the workplace is spelled out in legislation passed under the Reagan administration, but it specifically limits the scope to federal employees. This leaves the decision for when and how to implement such processes to the discretion of 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.
But while the state laws allow for relatively easy implementation of drug-free policies, there are still protections for citizens. The Fourth Amendment protects us from unreasonable search and seizure. A blood analysis for illicit substances has been held to be covered by this provision.
Similarly, citizens have a constitutional protection from capricious policies. When a company decides to initiate such a program, it must do so in an even-handed and fair way. If the goal is truly to ensure the safety of the workplace for employees and the public, the program will not be difficult to implement. The protection is to ensure any policy is fair and without nefarious intent.
This does not meant that a company must either include every employee in the program. It is reasonable to include individuals who operate dangerous machinery on a regular basis and leave out the janitorial staff, for example. But if machinery operators are to be included, the all machinery operators must be equally subject to the process.
The legal environment may appear to make it difficult for employers, but as long as the goal is honestly the prevention of mishaps and protection of people and resources, the effort will succeed. There are simple checks of a proposed policy that will ensure it can meet legal standards. It needs to clarify who is subject to the policy, what chemicals are the subjects of any analysis, what will happen if one tests positive, and it must be clearly communicated to all employees.
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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