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PA Court Upholds Random Drug Tests


PA Court Upholds Ruling for Random Drug Testing

In Pennsylvania, the use of random drug testing hasn’t been deemed to violate any of the laws for the ADA (Americans with Disabilities Act). The United States District Court in PA upheld such a ruling for random drug testing to take place on new employees that are still in their probationary period. The EEOC claims that this is a violation of a person’s rights under the ADA.

PA Upholds Drug Test: Fit for Duty

Must be ‘Fit for Duty’

Yet EEOC took it upon themselves to proceed in the courts with a class action lawsuit against the company. According to the position of the EEOC, such random drug tests aren’t valid because they should only be given when there is evidence that an employee is failing to meet the requirements of their job. The court felt that substance abuse occurring in such work conditions could be unsafe and they ruled in favor of the company and their random testing efforts.

According to the courts, the company was within the legal rights of the basic labor agreement laws. All parties involved including the employees of that company agreed that such random testing would be conducted for the overall safety of all employees.

Random Drug Testing

The courts also agreed that new employees can pose a higher overall safety risk for any company.  Much comfort is derived from knowing your working partner showed up for work fit for duty.  The random test is designed to protect workers, the company and, in some industries, uphold the safety of the public at large.  An example might be nuclear power generation, or commercial trucking.  

The court did address the ADA and some exemptions for medical reasons. Yet they feel those shouldn’t take precedence over the harm that could occur due to unsafe conditions.

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4 Responses to “PA Court Upholds Random Drug Tests”

  1. David Jerczak says:

    I don’t disagree, Ryan –

    Someday they will get a test procedure that measures if you are under the influence.
    That’s all they need to know.

    Thanks for the note.

    Dave J

  2. David Jerczak says:

    Mel –

    I do not disagree. What is needed is a test that can show if someone is under the influence of marijuana -as in an alcohol screening. Whether I indulged a week ago at around 6 PM in the privacy of my home is nobody’s business.

    Until there is such a test available, nothing will change. In the case of the Penn. case, it involved dangerous work and the safety of the workers who depended upon each other being ‘fit for duty.’ I agree with that.

    Thanks for the note.

    Dave J

  3. Melanie says:

    Having a mandatory scheduled drug test is one thing, but random drug testing is fully violating our privacy. Why is the PA Court saying that we’re guilty until proven innocent? We shouldn’t be tested for drugs in the first place without any proof that we might be intoxicated, but on top of that they want to test us randomly? This isn’t right.

    This is wrong on so many levels. They should test all the CEOs of major corporations I tell ya and let’s see how many of them come out clean. What a dirty practice.

  4. Ryan says:

    So we’ve taken another step back in fighting to protect our privacy. I don’t see that is anyone’s business what I do with my body for as long I don’t harm anyone. As far as companies go, they shouldn’t meddle in my personal business as long I’m not letting my activities affect my performance at work. The violation to the rights of the individual in this country is getting ridiculous, while the corporations get all the loop holes they desire. This is bunch of bs.

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