2. Criminal laws regarding the possession, transportation, exchange and use of drugs and/or alcohol
Although the community may not have specific drug testing laws, the community may criminalize the manufacture, importation, possession, trafficking, or consumption of drugs. In such countries, the negative consequences arising from the discovery of these actions may be so severe (e.g., long-term commitment to a drug rehabilitation center, imprisonment, or capital punishment) that testing is not needed as a practical mater; the community’s culture regulates or manages the actions of individuals such that the employer need not.
3. Public policy When I speak of public policy, I mean the governing body’s policies regarding (a) drug and/or alcohol use; (b) employment opportunities for its citizens or residents; (c) sensitivity to disability and health discrimination; and (d) safety concerns for the workers and community. Te
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public policy can be identified by asking questions such as: a. What is the drug and/or alcohol control environment in the country? A lenient control environment typically would not support a strict workplace drug testing policy. During the Liberian Civil War, soldiers were given marijuana and energy-enhancing drugs to boost their fearlessness and stamina. Suppliers of such drugs financially supported the government, and solders became physically and psychologically addicted to the drugs. Although marijuana production and use is tolerated, public alcohol intoxication is not.
b. Are there competing policies to balance between the government’s policy regarding full employment of the population and its policy regarding drug use? Some countries hold economic development and full employment in higher priority over other social concerns. Te Costa Rican Constitution states that labor is a basic constitutional right of all individuals, and that working is an obligation of all individuals towards
society. Costa Rica does not criminalize the possession of drugs for immediate personal use. Consequently, while the employer may require drug testing during the period of employment, the employee cannot be fired for refusing to submit to a test.
c. Are there competing policies regarding community health and safety, and discrimination based on disability or health? Te Bahamas Health and Safety at Work Act obligates employers to conduct business in a way that ensures that persons are not exposed to risks to their health and safety; and imposes on the employee the obligation to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work. However, because many employers were fearful of HIV/AIDS transmission in work environments, the Employment Act 2001 prohibits discrimination in employment based on medical testing of job applicants (i.e., pre-screening for HIV/AIDS status or disability).
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