The issue of how to handle legal drugs in a drug testing program is a bit of a contentious issue for two reasons. First, of course is the privacy issue in that drug testing may reveal legal drugs a person is using, and in doing so, also reveal personal medical issues. Second is that fact that the alcohol and prescription drugs are legal so what right does the employer have to any information about legal drug use?
There is an ongoing legislative debate about drug policies in Australia that never seem to get resolved. How do you balance personal privacy issues with the need to protect worker safety? There is also the question of whether drug testing programs even work to reduce drug use. Those who say that they do talk about deterrence and harm minimisation and workplace safety, whilst those who oppose the programs argue that making drugs like heroin illegal actually increases use because the drugs are not controlled like prescription drugs.
One of the interesting points in this debate is the fact that both sides of the legislative debate agree that statistics show that alcohol and tobacco are connected to 97 percent of Australian drug deaths and account for 90 percent of economic costs.1 If that is true, then why test for illegal drugs at all? Why not test only for alcohol and ban tobacco use? Why risk violating what is called “informational privacy” or the employee’s right to keep medical conditions private?
The answers lie in the numbers. In Australia, the misuse of alcohol and drugs is a major contributor to chronic sickness, workplace accidents, and lost productivity. Substance abuse is estimated to cost over $3.7 billion annually. The International Labor Organization estimates that between 3 and 15 percent of Australian workplace fatalities are due to the abuse of drugs or alcohol.2
The key to managing the reconciliation of drug testing and legal drug use lies in an important point first made by Wasserstrom in “Today’s Moral Problems” and supported by DesJardine and McCall in “Contemporary Issues in Business Ethics” who wrote: “…an employee’s right to privacy is violated whenever personal information is requested, collected or used by an employer in a way or for a purpose that is irrelevant to or in violation of the contractual relationship that exists between employees and employers.”3
In other words, if alcohol and drug testing reveals personal information, but that information is not used for the wrong purpose or in the wrong way or collected improperly then there is no violation of personal privacy in the workplace. This is all predicated on the testing being done because there is reasonable suspicion of alcohol or drug use and as part of an overall alcohol and drug testing program that is legally justifiable due to safety sensitive issues.
Misuse of personal information is considered an invasion of privacy. When managing an alcohol and drug testing program, the protection of employee medical information that may be uncovered must be a priority for the sake of the employee and to adhere to state and federal laws. Legal prescription drugs that create a safety hazard in the workplace can be addressed in the same manner as illegal drug use which is through a process that includes counselling, evaluation of workplace conditions, job safety re-assessment and meetings with supervisors and union representatives.
Mediscreen (http://mediscreen.net.au/) professionals have the knowledge and experience an employer needs to develop a legally sound alcohol and drug policy. The issue of legal drugs versus illegal drugs may be contentious, but it is one that must be addressed through policies and procedures that protect workers, workplace safety and worker privacy.
References
1Drug Info Clearinghouse. (2011). The Legislation Debate. Retrieved April 15, 2011, from Dryg Info Clearinghouse – The Drug Prevention Network: http://www.druginfo.adf.org.au/druginfo/drugs/drug_laws/legislation_debate.html
2Holland, P. (2005, July). The changing focus in Australia: involving an EAP and mandating referral, treatment and rehabilitation were key to the approval of a drug testing program proposed by one of Australia’s largest employers. Retrieved March 18, 2011, from BNET – Health Publications: http://findarticles.com/p/articles/mi_m0PLP/is_3_35/ai_n17210393/?tag=content;col1
3Holland P., J. Teicher and A. Pyman. (2003). Drug Testing in the Australian Workplace: Is It Good HRM? Melbourne: Monash University – Department of Management.
