Benefi ts 301The Fourth Amendment is not applicable to nonprofi t and private
organizations, which may be restricted by state constitutional provisions,
state and local laws regulating drug testing, collective bargaining obli-
gations under the National Labor Relations Act, and federal and state
laws prohibiting employment discrimination on the basis of disability. It
is important that employers review these laws and regulations before
instituting drug testing policies.
The Omnibus Transportation Employee Testing Act, passed by
Congress in 1992 and revised in 2005, requires alcohol and controlled
substances testing of employees in safety - sensitive jobs in transporta-
tion, regardless of which sector they work in. Any employee required
to hold a commercial driver ’ s license or who performs other covered
safety - sensitive functions is subject to testing. The law requires postac-
cident and random testing, as well as testing when there is a reason-
able suspicion that employees are under the infl uence of controlled
substances.
All organizations should establish alcohol and substance abuse policies,
and supervisors should be trained to identify warning signs and instructed
to refer employees to EAPs for further evaluation. Some of the common
signs of alcohol and substance abuse are mood swings, slurred speech,
memory loss, and drowsiness. There may be a decrease in productivity,
or increased absenteeism, tardiness, and workplace accidents. Super-
visors should be educated in substance abuse issues; they should know
how to identify problems and what assistance programs are available to
employees.
Alcohol and drug testing policies should provide for written notice
to employees that testing will be conducted, explain the procedures
that will be used in the testing, employ a chain of custody so that sam-
ples are not lost or switched, confi rm positive tests with more sensitive
tests, and ensure the confidentiality of test results. After an employee
has completed rehabilitation and is ready to return to work, the organi-
zation should require written documentation from a health care profes-
sional that the employee is in recovery and is no longer using drugs or
alcohol.Flexible Job Environment
Changing family structures have focused attention not only on the need for
variety in employer - provided benefi ts but also on the need for more fl ex-
ible workplace policies. Employers must acknowledge that family life and