There are legal drugs, and then there are illegal drugs. For companies that run drug tests as part of their preemployment screening process, detecting illegal drugs in their job applicants is usually a no-brainer situation. However, what happens when your employee is a medical marijuana user or even a user of prescription drug as mundane as Vicodin or Valium? Valium and a host of other drugs are legal with a prescription, but nevertheless they may impair alertness or physical coordination, resulting in dangerous consequences in the workplace.
In an article in the Seattle Times, there are instances where employees are suing the employer as a result of their being discharged for using prescription drugs. The suit charges discrimination and invasion of privacy. I am sure the defense will involve impairment within the workplace due to the usage of the prescription drug.
So here is the greater issues. As different employees rely on prescription drugs for everything from pain and injury to anxiety and depression, there is increased concern for safety sensitive positions. The argument is invasion of privacy and discrimination versus the concerns for injury to the employee and the injury to others as well.
Obviously, employers and employees need to find a balance as to what is appropriate for what job, given the conditions in the workplace. This is surely no easy task, but it is a task that needs to be address as more and more employees resort to prescription drugs to manage injuries and assorted physical and emotional conditions.
I guess this is a one more issues to be resolved in the coming year. Something that should be resolved as the economy starts to turn around and more employers start to hire. Clearly, among the background checks employers will utilize in their employment screening program, the drug test will become increasingly important. In fact, the drug test as a background check may be expanded to not only include the illicit drugs but prescription drugs as well.
