Drug Testing Law

Laws for the test of employees or job applicants for medicine or alcohol abuse boast evoked the consciousness of m either since its rootage in 1986 when President Ronald Reagan signed an Executive Order 12564, that prohibited al wholeness(a) federal employees to refrain themselves from using illegal medicines, as a figure of federal employment. And then two years later, Congress passed the Drug-Free body of excogitate Act of 1988 which created federal Mandatory Guidelines for Federal Workplace Drug exam which was applied to executive agencies of the federal government, the uniformed services, and contractors or service providers on a lower floor contract with the federal government.Although this Act was only applied to Federal governments soon enough states and Local Governments followed the suit. There is no doubt of the fact that Drug and alcohol abuse by employees creates loss of billions of dollars each year and gives a large(p) set back to the economy as a whole ye t from the employees point of view it is a sheer violation of their personal slumps, and its ill-use is a cause of humiliation to several prospective employees. It is chaste obligation of the employers to check the menace of drug edicts in the work place save this incorrupt policing disrupts Kants theology of Categorical imperative.Internationally, the of drug scrutiny in work place is covered in a Universal resolve of Human Rights, Article 12 whereby it is decl bed that No one should be subjected to arbitrary interference with his privacy.The 1996 ILO Code of Practice on forethought of alcohol and drug-related issues declares that the interrogatory should be under manoeuvern in accordance to national legal philosophys and practice.The guiding Principles of this testing, which is mentioned in the Annex V of the Code of Practice, all the way emphasis on workers rights, employers rights, national rights and individual rights.Infact even in 2003, the International Labor formation reported that , Drug testing in the workplace is an issue chivvy with technical, legal and ethical controversies.(Legal Testing In Work Place, Last reposition On Tuesday, 31st October 2006.)Even the European Convention on Human Rights, pick out in 1950 to guarantees the right to privacy, except in the interest of national security, public safety or the economic well-being of the country, for the prevention of disorder and crime, for the rampart of health and morals, or for the protection of the rights and freedoms of others .In the European concretion, In the European directing 89/391/EEC on the introduction of encouraging in improvements in the safety and health of workers at work, applies according to Article 6 that the employer have a duty ensuring the safety and health of workers in every(prenominal) typeface related to the work, with Art.6(5) exonerating the workers from liability for financial cost.Even in Artical 11 states that Employers shall mention work ers and/or their representatives and allow them to take part in discussions on all questions relating to safety and health at work.In different countries at that place are different patterns for drug testing in the work place. Only Finland (2003), Ireland (2005) and Norway (2005) reports clearly and specifically addresses the issue of drug testing in the workplace. Nevertheless, for different countries, there are different patterns/differences are visible.Kant believes that human beings plays a very big role in creation. Just merely passing the law does non the justify the action. The ordering of the use of drug in workplace is a system that cannot persuade moral action or regarded as bases for moral judgments, In his Groundwork of the Metaphysics of Morals (1785) Kant gave us three versions of the Categorical Imperatives of all the moral commands are based1. Act as if the maxim of your action was to give-up the ghost through your forget a universal law of nature.In Christianit y this simply mover that You mete out others if you inadequacy others to treat you. (Matthew 712). further the question arises how it is affiliated to Compulsory drug testing in work place? The causality is simple, the compulsory drug testing is itself a derogatory and you are treating others in humiliating manner.Act in such a way that you always treat humanity, whether in your take in person or in the person of any other, neer simply as a means, alone at the analogous time as an end.In this context it implies that drug testing is unfair, as the unacquainted(p)s who has never touched drugs all through the life have to face the testing which implies the test of urine. Humans are the most important factor in deciding what is moral or ethical and their suffering is never justify as a means to any end.3. So act as if you were through your maxims a law-making member of a kingdom of endsBefore making or implementing any law, the rights of others should always be kept in promo ntory. No one should involve himself or herself in Prisoners Dilemma i.e. cryptograph should just follow the narcissistic interests and others should also not become a puppet and gets stuck in the web of incredulous life. The American Civil Liberties Union opposes indiscriminate urine testing (American Civil Liberties Union Briefing written report Number 5 ++ DRU)The Kant theory says that human nature was fundamentally solid and can understand and inherent in their character, the moral choices. It is immoral to take drug in Work places because it can be vilifyful to the company, entirely intruding into the privacy of the individual even if he or she is innocent which according to the company is an act of morality but amount to unethical behaviorAs the man was born in this world, he is carrying along genesis to generation among others the characteristic or trait of what he called as Selfishness or selfish motive. And this trait is explicitly integrated in the theory Psychologi cal egoism, which propounds that every person is in a possession of but one eventual(prenominal) aim her own social welfare. All the activities that he does in nowadays or directly are encircled around his or her own interest. If you are doing something for your own sake that intricately involves your activity is benefiting yours and others and also essential have need to do the thing for your own sake.Desire is the most prerequisite thing for psychological egoism. If it is a passion to do certain things then the satisfaction of these pronenesss is a part of your welfare. If I am helping others and here also your desire comes and is a part of welfare. In this case of drug testing, here the employers implies the drug testing for the welfare of others but it is his self interest or agitate of profitability and maintaining morality in the work place that plays in the mind of the employers while imposing drug testing on employees. This is a law in itself but became a desire a de sire of employers.A big problem for psychological egoism is that some behavior does not await to be explained by self-regarding desires. Say a soldier throws himself on a grenade to prevent others from being killed. It does not seem that the soldier is pursuing his comprehend self-interest. It is plausible that, if asked, the soldier would have said that he threw himself on the grenade because he wanted to save the lives of others or because it was his duty. While this law is encircled with hoi polloi of criticism, the psychological egoist implies that what employer is doing is right.Though he is pursuing his own self-interest then also it is advocated that what he is doing is good for the Society as a whole. But he efficiency is taking away the right of job to the deserve or qualified candidate, it is also possible that though he must he taking drugs in the past but has recently cast an end to it. In this situation, you are deriving his or her fundamental right to live.This p sychological egoist indicates that companies should adopt the method or procedures by propagating the welfare and profit that is attached to this law, and then implemented with the self-interest of the company, explaining all the lordly effects to the people.In-fact, the law states that you dont have to submit to drug testing if you dont want to. Thats your right. But, the consequences baron be the same if you failed to comply the drug testing, because then you will be considered guilty until you are proven innocent under the flowing program. Again, under municipal or state drug testing laws, an employer might have good cause to fire you, while potential employers might refuse to hire you.This drug testing may reduce drug-related problems, but it may not reduce the harm that the drugs caused in society. Indeed, this process increases the harm to those not deterred, by causing collateral harmful impacts on family members and others.Its desire impact on the Society is the decrease in employment opportunities for drug users, additionally it also creates economic problems for drug users and their families, and in turn the accidental injury that is caused due to unemployment again increases the chances of drug users towards more use of drugs to relieve from psychic trauma and stress. For example, in 1990, 1.1 % of employed adults use the cocaine, whereas the rate for unemployed adults was 2.7%, National land on Drug Abuse, 1991. Thus the removal of drug use from the work place may not reduce the number of problem users but may actually increase it.REFERANCES1. Legal status of drug testing in the workplace, http//eldd.emcdda.europa.eu/index.cfm?fuseaction=public.ContentnNodeID=16901sLanguageISO=EN, Last change Tuesday, 31 October 20062. Drug Testing in the Workplace, From the Lectric Law Librarys stacks, http//www.lectlaw.com/files/emp02.htm3. Shaver Robert, (4th Nov. 2002), Egoism, Stanford Encyclopedia of Philosophy.