NEGATIVE — EMPLOYMENT — WORKPLACE DRUG TESTING 308

JUSTIFIED TO PROTECT FROM ACCIDENTS AND FATALITIES

DRUG TESTING EMPIRICALLY DECREASES RISK OF FATAL ACCIDENTS IN THE WORKPLACE

Calvina L. Fay, executive director, Drug Free America Foundation Inc., February 13, 2000, Sunday, St. Petersburg Times, " TITLE: Workplace drug testing is beneficial"//lxnx-Sj

When testing began to develop in workplaces in the early '80s, I saw 38 percent of the work force in a small Texas town unable to pass a drug test. This was a petrochemical town where the average worker could, by a simple human error, literally blow up the entire town. After several years of aggressive drug and alcohol testing, the rate of employees who could not pass a drug test dropped to less than 10 percent. Along with that, employers experienced a dramatic reduction in accidents, workers' compensation claims, health care claims and absenteeism. At least one corporation received a 50 percent reduction in its workers' compensation premium due to the reduction of workplace accidents.

DRUGS CREATE SUBSTANTIAL WORKPLACE PROBLEMS, TESTING LAWS ARE THE ONLY FAIR WAY TO ENSURE SAFETY AND PROTECTION OF EMPLOYEE'S RIGHTS

Mechelle Zarou, December, 1999, " THE GOOD, THE BAD, AND THE UGLY: DRUG TESTING BY EMPLOYERS IN ALASKA", Alaska Law Review

Alaska Law Review//lxnx-Sj*

the abuse of drugs and alcohol creates a variety of workplace problems .... Therefore, in balancing the interests of employers, employees, and the welfare of the general public, the Legislature finds that fair and equitable testing for drugs and alcohol in the workplace, in accordance with this chapter, is in the best interest of all parties. n12

The Arizona Legislature indicated that "the abuse of illegal drugs and alcohol is a matter of substantial public concern. The intent of the Legislature in this Act is to encourage the development of uniform standards and requirements regarding the testing of employees and prospective employees for use of such substances in the work setting." n13 The goal of the Utah, the Arizona, and, by analogy, the Alaska statute is thus not only to encourage drug  [*299]  testing by shielding employers from litigation, but also to ensure that the drug testing performed on employees is equitable and based on uniform standards. The drug testing statutes provide the strongest protection to employers, but also protect employees by requiring employers to comply with fair and standard testing procedures, thus limiting the opportunity for abuse of discretion by employers. n14