POLICIES

Drugs and Alcohol Policies



Abstract

In this paper, we will be discussing the policies related to drug and alcohol at work places. For this purpose, we have considered problems that are faced by companies because of usage of drugs at work places and how can these problems be solved if appropriate tests are used for checking the usage of drugs and alcohol in employees.

Table of Contents

Introduction1

Discussion1

Conclusion3

References5

Drugs and Alcohol Policies

Introduction

Policies on drugs and alcohol in the workplace have increased their popularity within employers in recent years. Such policies help in effect to prevent accidents related to consumption, to discourage consumption in the workplace and mentor employees suffering from addiction (DuPont et al. 2002). Seemingly simple, the drafting of a policy on drugs and alcohol in the workplace, however, hides a surprising legal complexity. This policy must maintain the balance between management rights of the employer and the fundamental rights of employees such as the right to privacy and the right to integrity in order to comply with the law of the country (Wickizer et al. 2004). This essay offers a brief glimpse of the implementation of a policy on drugs and alcohol in the workplace.

Discussion

In order to comply with the law, a policy of screening for alcohol or drugs in the workplace must comply with two sub-sets of law: employment law and the rights of people. In labor law, the problem is that the policy is generally not negotiated with the employees, but rather imposed unilaterally by the employer (Tunnell 2004). Therefore, the employer must meet certain conditions. Among the criteria listed in that case, the most important is the reasonableness of the policy. In the case of a policy on drugs and alcohol, so it is important to weigh the interests of the employer (for example, ensuring the ability of employees to provide their service work effectively and safely) and those of employees. To do this, the courts require that an answer to two questions (Substance Abuse and Mental Health Services Administration 1994):

Is there a problem with alcohol or drugs in the workplace?

Is the policy the least intrusive?

If the answer is yes to both questions, the policy will be considered reasonable for the purposes of labor law. The adoption of a screening policy is further than the simple framework of labor law. To be legitimate, it must also comply with the rights conferred by the Charter of Rights and Freedoms. Since addiction to drugs or alcohol is a handicap in the eyes of the law, the administration of tests sampling can indeed be considered discriminatory (Rumbarger 1989). The law does not, of course an employer to disregard all considerations of safety or efficacy, but will have the right to impose a policy that may seem intrusive, but, because of the nature of the position or the company can be characterized as "bona fide occupational requirement." Occupational requirement must meet the following three questions (Roman et al. 1996):

The politics of drugs and alcohol has been adopted for a purpose rationally connected to ...