Case Study Choice 2 Unit 8
Maria I. Campanano
Columbia Southern University
Abstract
In this essay I have selected to answer and discuss case study choice two: The case for and against Drug Testing. The case study consists of heightened awareness of potential drug abuse and use amongst the companies employees violating the company policy. The company Castulon
Corporation was in for a shock, when they found that some employees had used illicit drugs
Faced with hazards of the safety integrity of the organization, employees and products. Personnel within the organization where assigned to analyze and present solutions for to assist in the critical resolution whether to drug test or not; including how to effectively execute either task, effectively reducing the likely hazards of potential drug users and abusers.
Case Study Choice 2 Unit 8 In this case scenario the company Castulon Corporation would benefit from establishing a pre-employment drug testing program. If Castulon Corporation opted to prescreen potential new hires they could reduce the likeliness of hiring employees that are either using or abusing illicit drugs. Establishing a no use or abuse tolerance and outlining the consequences by advising new hires can help to potentially curve the potential violation and hiring of such individuals.
According to Cholakis (2005) "many organizations do not realize the prevalence of employee drug abuse or they do not believe it is a problem in their companies," (para. 1) and inadvertently place "themselves at high risk for potentially devastating personal, legal and financial repercussions" (para. 3).
Proposed Drug Testing Policy In order for Castulon Corporation to be able to address work and workplace hazards they should consult with legal representation to iron out any potential legal ramifications, employee rights, employer rights, state and federal drug testing guidelines and regulations (Cholakis,
2005). According to Cholakis (2005) there are five different types of common "employee drug testing: pre-employment, random, post-accident, reasonable suspicion and return-to-duty" (para.
11). In order for Castulon to remain compliant while exercising the employers/employees rights outlined in the "1998 Drug Free Workplace Act;" potential new hires and current employees should be made aware of the implementation of the new "no tolerance use/abuse drug policy" use and testing protocol(s) (Cholakis, 2005, para. 7). The corporation must also, inform the current employees of their rights and the rights of the corporation. The corporation should also outline what substances are not permitted or considered illicit and how potential employees suspected of using or abusing illicit drugs on the job will be dealt with accordingly. Explain to, make employees and management aware that if found positive for the use/abuse of illicit drugs immediate termination is rendered for all verified positive tests*. (* All found positive in first screening will retest offsite with reputable lab to screen for use/abuse of illicit drugs).
Challenges
There are many challenging factors facing the corporation proposing and implementing a new drug testing policy including the establishment, implementation, testing, results, and record keeping to name a few (Ivancevich, 2010). According to Ivancevich (2010) some of the most difficult challenges are perceived violation(s) of "individual rights" and presumption of "guilty employees" (p. 533 ). The employer faces adverse consequences if the employee feels that his or her rights have been violated such as "searching without probable cause" (Ivancevich, 2010, p.
533).
Amendment Right Employers can legally drug test their employees in accordance with the 1998 Drug Free
Workplace Act (Ivancevich, 2010). Employers face potential accusation of violating their employees rights many times due to the misunderstanding of the rights of either
