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Trampy
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Reged: 04/02/02
Posts: 1229
Loc: Southwest U.S.
Re: Drug Test....
      06/30/03 12:29 PM

There's probably something like a Journal of Forensic Toxicology that you could go to a college library and read all about all the ways that people have devised to beat these tests, and whether or not they do any good. They surely do studies showing what works and what doesn't.

It'll all be there for the world (drug users and forensic toxicologists both) to read. Of course, the main unknown is what kind of test they're gonna give you. If it's for military personnel or for another govt. agency (like for high-level security clearances, air traffic controllers, etc.) they spell it all out in federal regulations issued by individual agencies or the Office of Personnel Management, and the tests are pretty accurate ... but private employers can do whatever cheap test they want as long as you submit to it. The federal testing rules are pretty thorough and fair ... and you can find out in advance what you're getting into. Also, once you get the job ... most federal jobs they won't fire you for a first positive test unless you refuse drug treatment, or if it's the second time around and you've already been through their drug treatment.

Private employers are a whole nother story. In most states they can refuse to hire someone (and in some places even fire them) based on the flimsiest and cheapest kind of test. It's called Employment at Will. Some states, though, are lashing out at this. California (?) is one of those states. Employers there can't do blanket testing.

Federal employees have a lot of privacy and job protections that employees of private companies don't usually have. That's because the hiring and firing by governments is an action by the government, which is covered by the Constitution. Private employers are not bound, for example, by the 4th Amendment; they can perform "unreasonable searches" of anyone willing to submit to it.

The famous federal case on federal employee drug tests was brought by the union representing clerical employees of the Internal Revenue Service. Someone refused to take the test and fought it. The courts finally decided that since her (and those of many others) position was not "safety sensitive" and not "national security," they had no reason to make her take the test. She got her job back. Any fed carrying a gun is required to be drug tested, but clerks pushing paper? There are many federal employees who don't have to take drug tests. There needs to be a safety- or security-related reason for the testing, and whatever testing program they have needs to be implemented fairly.

Plus ... they will usually offer drug treatment after a positive test of illegal drugs or drugs not prescribed for the person. Not so for the private sector. Poof ... you're gone ... and you'll have to sue them if you think the lab report or test strip gave a false reading ... which happens all the time.

Trampy

--------------------
Your mileage may vary ...

Edited by Trampy (06/30/03 05:11 PM)

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Entire topic
Subject Posted by Posted on
* Drug Test.... sweat 06/30/03 08:20 AM
. * * Re: Drug Test.... ewebp   07/02/03 08:33 AM
. * * Re: Drug Test.... sweat   07/02/03 08:41 AM
. * * Re: Drug Test.... Anonymous   07/02/03 10:54 AM
. * * Re: Drug Test.... daddyj   07/02/03 01:59 PM
. * * Re: Drug Test.... sweat   07/02/03 11:01 AM
. * * Re: Drug Test.... qbird   07/03/03 07:42 AM
. * * Re: Drug Test.... sweat   07/03/03 08:44 AM
. * * Re: Drug Test.... Imago   07/02/03 01:46 PM
. * * Re: Drug Test.... ewebp   07/02/03 08:56 AM
. * * Re: Drug Test.... sweat   07/02/03 10:39 AM
. * * Re: Drug Test.... Skizzik   07/01/03 11:24 AM
. * * Re: Drug Test.... sweat   07/01/03 03:47 PM
. * * Re: Drug Test.... daddyj   07/02/03 07:55 AM
. * * Re: Drug Test.... PrivateRealm   07/01/03 02:57 AM
. * * Re: Drug Test.... sweat   07/01/03 07:32 AM
. * * Re: Drug Test.... Anonymous   07/01/03 08:59 AM
. * * Re: Drug Test.... sweat   07/01/03 10:30 AM
. * * Re: Drug Test.... daddyj   07/01/03 03:26 PM
. * * Re: Drug Test.... mello   06/30/03 10:47 AM
. * * Re: Drug Test.... Anonymous   06/30/03 11:15 AM
. * * Re: Drug Test.... mello   07/02/03 10:41 AM
. * * Re: Drug Test.... qbird   06/30/03 09:28 AM
. * * Re: Drug Test.... Sky_Queen   06/30/03 09:27 AM
. * * Re: Drug Test.... Anonymous   06/30/03 11:08 AM
. * * Re: Drug Test.... Anonymous   06/30/03 09:21 AM
. * * Re: Drug Test.... Trampy   06/30/03 12:29 PM
. * * Re: Drug Test.... moonbeam   06/30/03 04:44 PM
. * * Re: Drug Test.... txtall1   06/30/03 05:06 PM
. * * Re: Drug Test.... scissorhands   06/30/03 11:14 PM
. * * Re: Drug Test.... lilstraw   07/01/03 06:01 AM
. * * Re: Drug Test.... qbird   07/01/03 07:01 AM

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