by the EEOC, but the judge ruled in favor of U.S. Steel2
. Does the U.S. Steel decision mean
all random alcohol testing is now permitted? No. But the judgment does apply a common sense standard that may catch on in other workplaces. New employees in safety-sensitive positions endanger themselves and others if they attempt to perform their safety-sensitive duties while under the influence. Of course, this reasoning could be applied to experienced safety-sensitive workers who should know better but don’t always behave better. Drug tests are not considered medical
examinations by the ADA because an individual who currently uses drugs illegally is not protected under the ADA.
However, “Individuals who were addicted to drugs, but are not currently using drugs illegally, are protected under the ADA. 29 C.F.R. §1630.3(b)(1),(2)(1998). In summary, pre-employment and
random alcohol testing are considered restricted medical examinations under the ADA. Under certain conditions, reasonable suspicion, post-accident and some periodic alcohol tests are permited as explained at the EEOC website. Drug testing is permited but inquiries about past participation in drug rehabilitation are not. ❚
References 1
For more information on the ADA and alcohol testing, visit the EEOC website:
http://www.eeoc.gov/policy/docs/ guidance-inquiries.html
2
(Read the entire judgment here: http://www.
employmentandlaborinsider.com/Blog.2.22.13.USSteel.pdf)
Bill Current is the President and Founding Partner of The Current Consulting Group and a 25-year veteran in the drug testing industry. He is the former director of the Institute
for a Drug-Free Workplace, Executive Director of the American Council for Drug Educa- tion, and Vice President of Consulting for Employee Information Services. Author of 10 books on substance abuse-related issues and a presenter at hundreds of conferences, semi- nars, workshops and webinars, he is widely considered one of the leading experts on drug testing and on the drug testing industry. He publishes the popular On-Line Ultimate Guide to State Drug Testing Laws at StateDrugTest-
ingLaws.com and conducts the Annual Drug Testing Industry Survey, now in its 16th year.
www.datia.org
datia focus
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