14 November 2011
Mandatory Random Drug Testing
Crunch! A warehouse employee’s foot has just been run over by a forklift driver. During the accident investigation it was discovered that the forklift driver had been under the influence of marijuana. No one wants his/her doctor to be drunk or high on drugs as he slices him/her open with a scalpel. Regardless if the operation is successful, he/she will be much happier knowing the doctor was not impaired. A person walking his/her dog on a sidewalk near a high-rise construction site sees a construction crane. He/she will be much more content knowing that the crane operator knows exactly what he/she is doing. Mandatory drug testing is necessary to maintain a safe work environment.
In 1986, former President Ronald Reagan signed Executive Order 12564, which requires all federal employees to avoid using illegal drugs, whether on or off-duty, as a condition for federal employment. In 1988, Congress passed the Drug-Free Workplace Act of 1988, which, in turn, initiated the creation of federal Mandatory Guidelines for Federal Workplace Drug Testing Programs (Section 503 of Public Law 100-71). The mandatory guidelines apply to the uniformed services, contractors or service providers under contract with the federal government, and to executive agencies of the federal government. Even though the Drug-Free Workplace Act of 1988 applies to federal employees, state and local governments followed along and adopted similar programs under state laws and drug-free workplace programs (Drug testing, 2011).
The Fourth Amendment states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized (Fourth amendent, n.d.)....