Letters: Drug use and the mandate

Just a couple of thoughts on a hot summer day:

In his opinion regarding drug-testing in the workplace (June 13, Readers’ Views, The Advocate), Michael Polito, Ph.D., former scientist, states that, “Regarding the workplace, such testing is humiliating, dehumanizing and lowers morale because an employee is, de facto, guilty until proven innocent. And secondarily, it is a huge waste of money.”

I can only conclude that Polito has never spent much time in an industrial environment where the dangers, both to the user and to co-workers, would be extreme were an employee, for example, to be high on cocaine. The heavy industrial company I work for is a drug-free workplace, not only for the safety of the specific employee, but for all employees and the public at large. My company makes it a point when hiring to emphasize to the applicant that the company is drug-free, and that the applicant must pass a drug test on hiring and will be subject to random drug tests thereafter. Any applicant who feels that such testing is humiliating, dehumanizing or would lower the applicant’s morale, is most welcome and encouraged to apply elsewhere. My company considers the modest cost of maintaining a drug-free workplace to be well worth the cost!

On another matter, I am struck with the thought that if the government is allowed to require any citizen to take a specific action, such as carrying medical insurance (without getting into the question as to whether this is the best means to accomplish a specific goal), then what constitutional protection do we have from any requirement of the government, such as legally demanding that all employers immediately hire an additional 10 percent of their present workforce, whether needed or not, with the additional requirement that such employees could never be laid off?

Should we all be learning to speak Greek?

Charles Walker

semi-retired businessman

Baton Rouge


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Comments (17)


1) Comment by chem - 19/06/2012

So why not allow the government (or your employer) to randomly check your home? They can check to make sure you don't have any illegal drugs and also find out how much legal alcohol and prescription medication you may have. While they are rummaging through your personal belongings, the government (or employer) agents can check for other things, such as stolen goods, what organizations you belong to, etc. After all, if you have done nothing wrong, you have nothing to fear and should not object to such a minor intrusion into your life.

2) Comment by The_Host - 18/06/2012

Mcarter- Actually they have come up with better ways to determine if someone is under the influence right before going to work that doesn't involve confiscating my bodily fluids. But you see then the government would lose it's scapegoat to testing everyone "Safety". Drug testing is about control not safety. This is one of the few issues myself and DMJ agree. When you are forced to give up a sample without probably cause beyond the guise of some ***** safety line every few months that is a blatant violation of the individuals right to illegal search and seizure AND probable cause. The argument is made that companies are not the government so they are no subject to such conditions but the fact is the only reason we have drug testing as it exists today is because drugs are illegal. If drugs like marijuana were legalized tomorrow could your precious safety moniker still be used to test people for pot? No because then you would be in direct violation of our civil rights. Just like you can't tell us not to drink. So you see the only thing giving these company the right to violate our freedoms is the fact that government is all in favor of violating them in anyway they can dream up to try and look like they are being..... SAFE! The problem is Pot shouldn't be illegal to begin with and that in itself is the first in a long string of rights violations that all have come in the name of the War on Drugs. Look at all the due process that has been done away with and all the other right infringement the government has brought us to stop a plant, A PLANT! That in itself is ridiculous, unless you are to believe that the MAN in government can stop other men and mother nature. Good luck with that, it worked out so well during Prohibition. Which I might point out was a Amendment to the Constitution, no such Amendments were ever voted on by the states for Weed etc.

3) Comment by Whatnow - 18/06/2012

I still say..I sure wouldn't want to drive a Gov. motors car after the union workers were caught drinking and smoking pot during lunch.

4) Comment by nimby? - 18/06/2012

so many laws , policies have been created that are impossible to enforce , from an economical stand point , making it very easy to get away with it . estimates of fraud in social service benefits paid near 30 percent .....

5) Comment by mcarter - 18/06/2012

DMJ, do you have a better way to make sure an employee is not impaired and a hazard in many cases in a dangerous work environment? Constitutional...you have every right not to apply or accept a job that requires drug testing.

6) Comment by Whatnow - 18/06/2012

Let's see some facts... http://www.dol.gov/elaws/asp/drugfree/benefits.htm

7) Comment by DMJ - 18/06/2012

Mcarter, a couple of problems. 1. You can be black out drunk the day before a drug test and pass. 2. You could have smoked weed three weeks before a drug test and fail. Obviously, you shouldn't come to work high or drunk, but just how effective (not to mention constitutional) is drug testing?

8) Comment by mcarter - 18/06/2012

Love kids, the test does include alcohol. I am sorry but peeing in cup does not humiliate me. I have had to do it before. safety first especially is you are working in an industrial environment. No one is thrown off a job because a boss THINKS the person is high. My spouse and I have both worked in the industrial industry and the last Thing I want is some boozer are druggy next to me fooling with the millions of electrical current going through the likes of Exxon. What is the difference of drug and alcohol testing and going through scanners and such at the airport?

9) Comment by Chucky - 18/06/2012

If your going to test one you should have to test all, and i would start with elected officials.

10) Comment by DMJ - 18/06/2012

Anyone else think Mr. Walker's slippery slope argument is silly and stupid? I mean....is any lawmaker in America proposing the mandated hiring of employees? Of course not. This is a a logical leap, a total non-sequitur. And why would anyone need to speak Greek? Even in Greece, no company is forced to hire workers and banned from laying them off. I think Mr. Walker should enjoy his semi-retirement and cool it on the inane rants. Just my opinion... Moreover, how does one (namely, Charles Walker) complain about one thing (health insurance mandate) being unconstitutional in the very same letter in which he advocates an obviously unconstitutional practice (random drug testing)? Irony is simply lost on some people I guess. Ugh... Oh, and Host, please don't keep guns in your car. Someone could break in and steal it. Just how do you think criminals get the guns that make you feel you need to carry a gun in the first place?

11) Comment by Spudaroonski - 18/06/2012

I'll say it again. Safety does not trump an individuals constitutional rights. If an employee comes to work stumbling over himself glassy eyed or reeking of alcohol then of course that employee should removed from the workplace and tested. But not just because the boss thinks the employee "might" be high or drunk. That's just total BS.

12) Comment by tradewinns - 18/06/2012

sounds as if most of the responders are drug users! first, like he stated, you have the right not to appy at this company or any others like it. i would not want to work at a company who didn't worry about their workers safety. as far as the off duty time rights. fine do as you want as long as when you walk in the door to work, you are 100% alert and careful. if you got drunk last night and your hangover is going to allow you to miss an important element of your job, which can cause other's injury. it's now all our business what you did last night. your rights only go out till they meet someone else's rights. there they stop.

13) Comment by jdk944 - 18/06/2012

Spudaroonski - it DOES matter if the behavior while off work creates a hazardous work environment, as Mr. Walker points out!! Like operating a Forklift while stoned/drunk.

14) Comment by lovemykids - 18/06/2012

How many employees of Walker's company are tested for alcohol in the morning and after lunch? Seems to me that having a beer or two with a light lunch would be cause to worry about accidents. How about those people that go to work after not having a good nights sleep?

15) Comment by Spudaroonski - 18/06/2012

"My company makes it a point when hiring to emphasize to the applicant that the company is drug-free, and that the applicant must pass a drug test on hiring and will be subject to random drug tests thereafter." Well how up front and noble you are Mr. Walker. You believe that safety trumps everything don't you? It doesn't. You just use that as your excuse to justify intruding on peoples privates lives. What your employees do while they're not on the job is absolutely none of your GD business. Period.

16) Comment by The_Host - 18/06/2012

Besides all the humiliation and other aspects of drug testing there is that like issue of our Constitutional Rights and last time I checked a Corporations Policies did not TRUMP my rights under the Constitution. If fact just a few years ago the State had to spell out that Corporations that had policies saying people could not bring a gun with them to work on company property in their vehicle were violating the individuals rights. So now even if a Corporation out of say New Jersey has such a policy if they have a facility in Louisiana that policy is meaningless. As it should be when it attempts to strip is of our freedoms. But I am sure Charles is all for freedom except from those evil drugs. Being semi-retired I can only imagine he was fed enough government propaganda over the years to think drugs are the creator of all evil and accidents as he pours another drink.

17) Comment by dday198 - 18/06/2012

on another matter it sounds like your already speaking greek to me.