Legal Issues and Proper HR Management
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Drug and alcohol consumption in the workplace are one the challenges employers in todays workforce. There has always been a controversial line between safety concerns and workplace drug screening programs. Companies require drug screening to keep drug users at bay and to maintain a drug-free and productive workforce. Likewise, businesses should receive full support from the state legislature in conducting random drug testing of employees, particularly employees with duties that have an immediate impact on public safety. As a consequence of legislation loosening restrictions on marijuana use, the new ruling has imposed a conflict between companies zero-tolerance policies and new laws (2015, Pratt).
The article focuses on the legal and ethical issues between the employees reasonable expectation to the right of privacy to engage in recreational drug use outside of work and an employer right to a safe and drug-free workforce. Moreover, the impact of recreational use of marijuana in the labor productivity and its relationship with absenteeism. As much the marijuana will be used outside the work environment, it has an impact while the individual is in the workplace. The reason most employers would propose for random testing for drugs. On the other hand, the employee may feel like their privacy is being infringed and their privacy not respected.
With drug use becoming less restrictive in the United States especially in the twenty-three states that have recreational use of marijuana, employers are pushing harder to preserve a drug-free workforce. It is the responsibility of the employers to provide a safe working environment as required by the Health and Safety Employment Act of 1992. It is essential for employers and human resource management to be familiar with the numerous federal, state and local laws that govern drug-testing programs. Some of the main issues employers encounter in conducting drug testing, is they are not entirely familiar with the governing rules regarding drug screening programs within the state they operate their business. Drug screening regulations vary from state to state, for example, Virginia legislation does not address drug testing in private employment, which means employers are free to require employees and applicants to take a drug test, on the other hand, Rhode Island state legislation places strict limits on workplace drug testing. An employer may require an applicant to take a drug test, but only after an offer of employment.
Another area of concern is employers failure to address the legalization of medicinal marijuana, as mentioned, 23 states allow some form of medicinal marijuana, including the four states that allow recreational use as well. Hire Right says that the federal Controlled Substances Act still classifies marijuana as an illegal schedule one drug, and further explains, the conflict between state and federal laws puts employers in an awkward position (2011, HireRight). Every organization needs to have a comprehensive drug testing policy, outlining specificities of the drug-screening program. Likewise, during the hiring phase, all potential job candidates should be informed of the of the companys drug-free workplace policy. Not every organization is the same; it is highly encouraged that employers to get the best results in drug testing are to tune testing to fit your industry (2011, HireRight).
Relevance of this case to the course
As students studying human resource management, this case is very relevant as it depicts the reality of a working environment one is likely to find themselves. Moreover, the knowledge acquired can help in equipping one with necessary skills relating to the safety of employees. For example according to the article, when drug use became higher, most companies reviewed policies relating to drug use in order to minimize adverse impacts to the companies. They made consequences dire for any employee who would test positive for drug use. The ability of human resource manager to be dynamic and able to cope with emerging trends in this age will ensure the workforce does not affect the workplace negatively. The article provides realistic and practical approaches to dealing with dilemmas that a human resource manager may face. It moreover helps one figure out like for instance whether to fire a good employee. US Department of Labor estimates that alcohol and drug users used an estimated $82 billion from businesses due to productivity loss. Another recent survey, published by the Department of Health and Human Services, showed that almost 10% of adults who are employed full-time use illicit drug an increasing number, likely driven by marijuana use. The information on current trends will help in human resource planning and strategies. Moreover, the practical approach and open the mind to be able to be relevant in the workplace and avoid the ignorance and rigidity in dealing with issues. The human resource manager, will sometimes make professional judgments and be flexible when an employee is tested positive for the tendency to cause accidents in workplaces or the cost of keeping the employee as stated by Price, (2014).
In conclusion, the human resource student will know the ethical and legal issues affecting labor relations. When one works as an employee, they will aim and take the organizations policies. It prepares one to count the cost drug use of the job security and satisfaction, unlike a person who is uninformed. Knowledge will aid a person to make necessary adjustments as either an employee or employer.
References
Barbara Fick. (2006). Guide to Workplace Law 2nd Edition. The American Bar Association. Random
HireRight. (2011, July 15). Six Best Practices for Managing a Random Drug and Alcohol Testing
Pratt, T. (2015, April 15). Marijuana legalization clashes with drug testing in the workplace.
Price, J. W. (2014). Marijuana and workplace safety: An examination of urine drug tests. Journal of addictive diseases, 33(1), 24-27.
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