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Friday, June 27, 2008

Legal Aspects of Drug Testing

Know your rights. They are very important. Even though when an employer is paying for the test it belongs to them. At least ten states (Arkansas, Illinois, Maryland, Nebraska, New Jersey, North Carolina, Oklahoma, Pennsylvania, South Carolina, Virginia and Texas) have outlawed the sale of synthetic urine or adulterants for the purpose of passing drug test however obtaining one drug test kit on the Internet is possible.

  • Workplace Testing: In most countries, employers are currently allowed by law to require that workers submit to urinanalysis to be considered for employment and/or to retain their employment. Countries and states have laws which often limit how and when testing can be done, such as requiring that the company have a written policy, that 'random' testing not be used this is more common in certain unions.
  • Criminal Testing: Courts around the world now often require people awaiting trial (not yet convicted) or people who are on probation to submit to regular urine testing but the parol and probation department is changing over to sweat patches.
  • Hospital Testing: In the US, some areas have required pregnant women to be tested for illegal drug use as part of their prenatal care. The US Supreme Court ruled the secret testing of women unconstitutional in the case of Ferguson v City of Charleston, in March 2001.
According to a bill, grants would be given to school districts for "Drug-Free School Demonstration Programs." But funds would only be granted to districts that met a series of requirements. The first requirement listed is that the program "includes, consistent with the fourth amendment to the Constitution of the United States, random drug testing of students." The US Supreme Court has upheld the testing of student athletes and students involved in extracurricular activities, but not addressed the constitutionality of random drug tests of all students. If your kid wants to be on an extra curricular activity they may have to be tested and should use the related drug test kits if proved that your child is doping, now that is oxymorionic.

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