Hiring and maintaining a workforce is a constant juggling act, as the employer balances the needs of the company with the needs of the workers. Naturally, companies feel they are entitled to have their employees at work on time and at their best, free of illegal performance degrading substances. In order to ensure the workforce stays free of chemical influence, the use of mobile drug testing Texas is prudent.
Merely having good intentions is not enough to successfully create a program to keep the influence of chemicals out of the workforce. Unfortunately, there is no universal law to facilitate this process. The federal government passed legislation mandating employees be tested for illegal substances, but it made its provisions applicable only to federal employees.
While anyone employed by an agency of the federal government is subject to routine chemical examination, the federal law does not address any other workers. It is up to each individual state to pass legislation regarding whether or not to impose such examinations on their labor force. Texas does not mandate such a program, but employers are given free reign to implement such strategies on their own.
While there is considerable latitude for companies, every citizen is still afforded protection against an unfair process. Two amendments to the Constitution have been held applicable to workplace policies on illegal substance use. The first is the Fourth Amendment, which holds that individuals may not be subjected to frivolous or targeted searches without cause.
The right to due process under the law is ensured by the Fifth Amendment to the Constitution. This has been held to apply in instances where employee chemical analysis appears to target an individual without a reasonable cause. It is a protection that ensures no individual employee can be singled out without demonstrable reason to suspect their behavior.
There is wiggle room in that a business may test all drivers, for example, and not test its clerical staff. Still, the courts have held that blood tests can be considered unreasonable if it appears targeted without reasonable cause. Such an evaluation would be considered legal, however, if there is a reasonable indication of impairment.
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.
When a company elects to act to ensure their work force remains free of illegal substances in the sincere effort to keep workers and the public safer, they will succeed. But even the best run programs can leave employees feeling anxious about the process. Using an impartial outside agency like mobile drug testing Texas can resolve the issue.
Merely having good intentions is not enough to successfully create a program to keep the influence of chemicals out of the workforce. Unfortunately, there is no universal law to facilitate this process. The federal government passed legislation mandating employees be tested for illegal substances, but it made its provisions applicable only to federal employees.
While anyone employed by an agency of the federal government is subject to routine chemical examination, the federal law does not address any other workers. It is up to each individual state to pass legislation regarding whether or not to impose such examinations on their labor force. Texas does not mandate such a program, but employers are given free reign to implement such strategies on their own.
While there is considerable latitude for companies, every citizen is still afforded protection against an unfair process. Two amendments to the Constitution have been held applicable to workplace policies on illegal substance use. The first is the Fourth Amendment, which holds that individuals may not be subjected to frivolous or targeted searches without cause.
The right to due process under the law is ensured by the Fifth Amendment to the Constitution. This has been held to apply in instances where employee chemical analysis appears to target an individual without a reasonable cause. It is a protection that ensures no individual employee can be singled out without demonstrable reason to suspect their behavior.
There is wiggle room in that a business may test all drivers, for example, and not test its clerical staff. Still, the courts have held that blood tests can be considered unreasonable if it appears targeted without reasonable cause. Such an evaluation would be considered legal, however, if there is a reasonable indication of impairment.
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.
When a company elects to act to ensure their work force remains free of illegal substances in the sincere effort to keep workers and the public safer, they will succeed. But even the best run programs can leave employees feeling anxious about the process. Using an impartial outside agency like mobile drug testing Texas can resolve the issue.
About the Author:
Our unique homepage www.mobiletestingsolutions.net contains further details about mobile drug testing Texas businesses require for their needs. Get more information by taking a look at our official website at http://www.mobiletestingsolutions.net immediately.
0 comments:
Post a Comment