Indiana AFL-CIO 2000 Legislative Positions

Drug / Alcohol Testing

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The Problem

There is no question that drug and alcohol abuse is a major social problem in America. While the drug trade and drug/alcohol abuse have taken a disproportionate toll on our inner-city, they affect all communities, rural and urban, and all citizens, regardless of economic status. The Indiana State AFL-CIO takes these problems seriously, and strives to be a part of the solution, through education using both Union Counselor programs off the job and negotiated Employee Assistance programs on the job.

Our Principles

The Indiana State AFL-CIO opposes random drug/alcohol testing, employer immunity, and legislative action that would permit employers the right to instantly terminate employees who fail drug/alcohol test.

Random drug/alcohol testing is drug/alcohol testing without probable cause. Some employers have, and will, use drug/alcohol testing as a form of on-the-job harassment. We believe that there must be a reasonable suspicion for the employer to request that an employee take a drug/alcohol test. Random testing should not take the place of educational programs that will help to identify employees in need of help.

Employer immunity is a provision contained in every employer sponsored legislative proposal relating to drug/alcohol testing. This employer provision would prevent any employee from taking action against the employer when the employee is damaged by a false positive test result. This provision takes away any incentive, on the part of the employer, to be certain that information they provide and the drug/alcohol test results they rely upon for their decisions are accurate. No party should be held unaccountable for their actions.

Any legislative proposal must contain provisions that provide drug/alcohol counseling to employees and must prevent automatic termination of first and second time offenders. No employer should be allowed to dump the drug/alcohol problem onto the next employer or onto the community. Employers must also be willing to be a part of the solution, not a part of the problem. Every employee should be given at least two opportunities to resolve their problem and responsible employers must be required to help their employees through rehabilitation. Employer dumping of employees is a total disregard of the needs of the employee and the community.

Finally, drug/alcohol test do not measure impairment. Therefore, they should not be seen as the answer to the problem. A drug/alcohol test can sometimes accurately determine that there are substances in the blood system. It cannot, however, determine with any accuracy when and how they got there, or whether or not their presence adversely affects the employee's ability to perform their work. In fact, all doctors, from time to time, prescribe drugs to facilitate work. Prescribed drugs and illegal drugs can and often do create the same effect.

Legislation to Prohibit Random Drug/Alcohol Testing in the Workplace

Based on these principles, the Indiana State AFL-CIO will support legislation which contains the following safeguards against abuse of workers:

1. Employers may not impose a drug/alcohol test on an employee unless they have "probable cause" that use of illegal drugs/alcohol is impairing the employee's ability to do their job safely and adequately. This discipline limits the employer's concern to the legitimate one of job performance and it restrains the employer from abusive drug/alcohol testing.
2. Employers who use drug/alcohol testing must offer their employees a drug/alcohol rehabilitation program. Employees who are tested legitimately and found to be using drugs/alcohol must be given a chance to enter a rehabilitation program and end their drug/alcohol use before they can be terminated.
3. Any "positive" drug/alcohol test result must be confirmed by a more reliable test before it can be reported. Most drug/alcohol screening tests are both cheap and unreliable. They routinely confuse legal prescription drugs, and even some foods, with illegal drugs. When a person's job and livelihood are at stake, accurate tests must be required.
4. Urine samples must be analyzed only by laboratories accredited by the National Institute on Drug Abuse (NIDA). Laboratories accredited under NIDA, meet federally mandated drug/alcohol testing standards. Employers and workers alike must have assurance that the analysis is being done by qualified technicians, that laboratory procedures are carefully monitored, and that every precaution has been taken to ensure that lab results are accurate.
5. Confidentiality of laboratory analysis results must be assured. Only the employer and the employee tested should have access to the laboratory findings.
6. Workers who have tested "positive" on an employer required drug/alcohol test should then have the right to independent urine analysis, at no cost; -- again, as a protection against inaccurate testing and analysis.
7. Employers who are subject to federal laws or regulations that conflict with the provisions of state law should be exempt from those particular parts of state law. Employers should not be put in the position of violating one set of laws by adhering to another.
8. The right of employees to claim punitive damages and reasonable attorney fees when employers release false positive test results.