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Hrm Week 2 Discussion

  • Date Submitted: 05/22/2016 04:29 PM
  • Flesch-Kincaid Score: 54.4 
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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 (Employee Issues, 2016).
There are several reasons why health care organizations should not engage in random drug testing of employees and physicians.  The main reasons are "many legal professionals consider it to be a personal privacy invasion and an unreasonable search and seizure, contrary to our rights granted by the Fourth and Fourteenth Amendments to the U.S. Constitution" (Haddad, 1990).   The controversy over the legality of drug testing in the workplace, especially the legality of random drug testing have subsequently lead to lawsuits.   These continuous lawsuits challenge the legality of drug testing (Employee Issues, 2016).
In one article a hospital had not decided whether to test physicians, who are not employed by the hospital. They, instead, have privileges to see their patients there or contracts to provide services to the hospital.   Dr. Edward Carter, radiologist and President of the hospital's medical staff, said that “if the hospital were to require testing of all employees, physicians probably would be under pressure to be tested also” (Haddad, 1990).   "Individual rights have to be preserved, but on the other hand we certainly are responsible for public safety and well-being. I see both sides and probably fall down the middle of it," Carter said.   Proponents argue that the drug-testing policies are needed to ensure public confidence in the health system. Critics contend that testing violates employees' privacy rights (Haddad, 1990).   The American Nurses Association opposes mandatory drug-testing for registered nurses, saying it violates their constitutional rights to...

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