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Articles 1 - 9 of 9
Full-Text Articles in Law
Constitutional Concerns In Drug Testing, Gordon J. Beggs
Constitutional Concerns In Drug Testing, Gordon J. Beggs
Journal of Law and Health
*this is not an article, rather a summary of recent case law and authority"
A Bibliography On Drug Testing In The Workplace, Stephen Young, Elizabeth Armitage
A Bibliography On Drug Testing In The Workplace, Stephen Young, Elizabeth Armitage
Journal of Law and Health
The following bibliography on mandatory drug testing has been compiled to accompany the Symposium on Drug Testing in the Workplace presented by the Journal of Law and Health on November 21, 1986, at the Cleveland Marshall College of Law. It is hoped that this bibliography will benefit not only legal educators and law students, but also the practicing attorney, librarians, employers and employees in the private and public sector, and those whose research and interests require an understanding of the issues raised by this subject.
Testing For Drugs Of Abuse: Methods And Reliability, Edward A. Kaufman
Testing For Drugs Of Abuse: Methods And Reliability, Edward A. Kaufman
Journal of Law and Health
The purpose of this paper is to discuss the entire testing process, from specimen collection and preparation (vital processes that are often beyond the control of the laboratory) to test methods, quality assurance measures, medico-legal documentation, and result reporting and interpretation. Each of these steps demands careful attention, and the hallmark of a responsible, quality-conscious laboratory is that it can offer a complete testing system that focuses not only on the assays themselves but also on each of the necessary precautions and transactions so crucial to the viability of test results.
A Management Perspective On The Controlled Substance Testing Issue: Management's Newest Pandora's Box, Jan P. Muczyk, Brian P. Heshizer
A Management Perspective On The Controlled Substance Testing Issue: Management's Newest Pandora's Box, Jan P. Muczyk, Brian P. Heshizer
Journal of Law and Health
A new literal meaning has been given to the adage of offering one' sweat and blood to the employer - to which is added as well, one's urine. Little wonder then that so many private and public employers have rushed into drug screening programs. Given the trend of recent events, it would seem that an imperative does exist for drug testing at the workplace. However, before organizations establish testing programs, management should consider the known problems associated with substance testing and the organizational implications of such testing.
The Frustaci Septuplets: Miracle Or Malpractice, Susan Ferguson Slabaugh
The Frustaci Septuplets: Miracle Or Malpractice, Susan Ferguson Slabaugh
Journal of Law and Health
The possibility of imposing such liability has tremendous implications not only for the physician and clinic directly involved, but also for other health care practitioners, health care consumers, and the legal profession, as well. This Note will focus on those implications and proposes a solution to the issues raised by this type of litigation.
Executive Order 12,564: Toward A Drug-Free Federal Workforce, Robert M. Kruger
Executive Order 12,564: Toward A Drug-Free Federal Workforce, Robert M. Kruger
Journal of Law and Health
For all of these reasons, the President issued an Executive Order on September 15, 1986, designed to achieve a drug-free federal workplace. Consistent with the President's views, it focuses on helping, not punishing, drug users. Time does not permit me to go into each of the Order's provisions in great detail. I would, however, like to offer an overview of the major provisions of the Order. In deference to the occasion, I will concentrate on the provisions of the Order which authorize the use of drug testing to achieve that objective. The Executive Order calls upon "agency heads," the chief …
Drug Testing In The Workplace - Drug Screening In The Public Sector: Municipalities And Government Workers, John B. Lewis
Drug Testing In The Workplace - Drug Screening In The Public Sector: Municipalities And Government Workers, John B. Lewis
Journal of Law and Health
Certainly, there are appealing rationales for drug testing many government employees and few would dispute that police and fire personnel should be free of any substances which might undermine their job effectiveness. But while government employees may have lesser expectations of privacy than those in the private sector, the courts readily recognize that they have not abandoned all of their individual rights, and do not hesitate to enforce constitutional protections.
Legal Implications Of Drug Testing In The Private Sector, Thomas H. Barnard
Legal Implications Of Drug Testing In The Private Sector, Thomas H. Barnard
Journal of Law and Health
Drug testing, or perhaps more appropriately substance abuse testing, is a double-edged sword in the private sector. Not only can the employer be sued as the result of testing but he can be sued for not testing. Private employers find themselves in the classic "damned if you do, damned if you don't" situation. Large corporations are seen as deep pockets when matched against one of their employees and if the plaintiff's lawyer can find an issue and then get his or her case to the jury, corporate pockets can be very deep indeed. Hence, before examining the legal implications of …
Drug Testing: The Union Perspective, Susan L. Gragel
Drug Testing: The Union Perspective, Susan L. Gragel
Journal of Law and Health
The rapid increase in employer-mandated drug testing for workers raises significant questions concerning individual privacy and liberty. Yet, drug testing questions are not limited to individual claims by affected employees. The sweeping move to test workers through urinalysis also presents serious issues for labor unions in the public and private sectors. The developing concerns and issues for labor organizations are outlined in this presentation.