Interesting Reads and Facts
Drug testing in the workplace became legal when President Reagan signed "Executive Order 12564--Drug-free Federal workplace". In turn, that spawned the Drug-Free Workplace Act of 1988. Although both apply only to the workplaces of Federal employers, and Federal contractors and grantees, private-sector employers immediately followed the government's lead, because they legally could.
The Fifth Amendment
Guarantees the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures. In other words, it prohibits searches and seizures of a person or his or her belongings, without first showing probable cause (strong suspicion that a crime was committed) and obtaining an explicit warrant granting permission to conduct a search or seizure. Also referred to as Amendment IV. The first 10 Amendments to the Constitution are collectively referred to as the Bill of Rights.
Kan. Kan. Gen.
Stat. Ann.
§75-4362
State government. Testing authorized of applicants for safetysensitive
jobs in state government after a job
offer has been made. Advertisements for safetysensitive
jobs must include notice of drug testing requirement.
Testing authorized of state employees holding safety-sensitive
jobs and individuals taking office as governor, lieutenant
governor, or attorney general, but only if there is reasonable
suspicion of substance abuse, as evidenced by a workplace
accident or medical emergency that could be attributed to drug
use, by direct observation of impaired performance, by
information that the employee is using drugs, or by physical
signs of on-the-job drug use. Employee testing positive for
the first time must have opportunity to undergo drug evaluation
and recommended treatment.
Confidentiality of test results.
So what is the deal here? The fed. government signs a bill giving the
go ahead with random testing. Then the state passes legislation
protecting themselves from such testing. I guess if you work in the
private sector your privacy and rights are not as important as a gov.
employee .
The following pages are works of other people.
Used with permission, credit is given where due.
Here is a link to my new site, which is devoted to workplace testing.