View Poll Results: Is drug testing a violation of the 4th Amendment?

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  • Yes

    4 8.70%
  • No

    39 84.78%
  • Other (explain)

    3 6.52%
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Thread: Drug Testing

  1. #51
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    Re: Drug Testing

    Quote Originally Posted by Korimyr the Rat View Post
    Since when does the Bill of Rights apply to corporations? It spells out limitations on the government's authority, not anyone else's.
    Since corporations have been given "personhood".

    And as much as I consider the practice reprehensible, it isn't the law that needs to step in here. People need to grow some goddamn balls and start telling the corporations that what they do on their own time is their own business.
    I totally agree. Regardless of whether you do drugs or not.

  2. #52
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    Re: Drug Testing

    Quote Originally Posted by Harry Guerrilla View Post
    Well then they may get fired.

    If it is for the safety of the work place for that person to not be intoxicated then so be it.

    I work for a factory and as part of the conditions of employment, I have to submit to a drug test to get hired.

    The particular place that I work at manufacturers items made of rolled mild steel.

    Have you ever seen what a sheet of steel can do when it is being unrolled at high speeds? even just handling it can cause you to loose a finger or worse.

    Intoxicated people working at my company cause a lot of the accidents.



    I can ask for a drug screening before anyone can come into my house but that serves no purpose really.

    It has to do with liability and employee safety.
    Why not let the free market work itself out? If you lose your fingers on the job because you were intoxicated, eventually only people who do not work intoxicated will be left...

  3. #53
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    Re: Drug Testing

    Quote Originally Posted by CaptainCourtesy View Post
    I don't want intoxicated people around my kids. It's a safety issue. My house. If you refuse, you don't come in.
    Try it out on a cop if one ever wants to enter your house!

    Sorry officer, you'll have to submit to a drug screen before you can enter, after all, you have a gun and I have children.

  4. #54
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    Re: Drug Testing

    Quote Originally Posted by UtahBill View Post
    Drug users should not be allowed in ANY position of safety or security. They cannot be depended on to provide either. If I am paying people to work for me, I want them working, not thinking about getting their next fix....even if their using is on their own time...
    Do you apply those standards to alcohol, tobacco, paxil, xanax, ambien, diabetes medication... all drugs or just the ones you happen to find offensive?

  5. #55
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    Re: Drug Testing

    Quote Originally Posted by Jerry View Post
    Do you offer to submit to a drug test upon your applicant’s request?
    Nope, but then I'm not asking them to hire me.

    I do submit to drug testing though, as do all employees who wish to continue working for us.

  6. #56
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    Re: Drug Testing

    Quote Originally Posted by TOJ View Post
    Nope, but then I'm not asking them to hire me.
    You are asking to buy their service; you are receiving fair value for your money so you are not in a superior position. Since employment is an agreement among equals, why don't you offer them the same grantee that you request? How do they know you don't abuse drugs before they agree to offer you their service?

    Quote Originally Posted by TOJ View Post
    I do submit to drug testing though, as do all employees who wish to continue working for us.
    Well again, random tests are not a proven way to detect or detour drug abuse. You are fostering a culture of mistrust of and against everyone.

  7. #57
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    Re: Drug Testing

    Quote Originally Posted by Binary_Digit View Post
    If that's your business model and it works for you, then that's great. But I have to say I think it's a very closed-minded and stereotypical approach to screening applicants. Some of the most capable and ambitious professionals I've worked with turned out to be occasional marijuana smokers who keep it a closely guarded secret because of the social taboos. If you're willing to occasionally trade good talent for arbitrary labels then that's your company's choice, but I would wager that you're actually screening for people who don't know how to pass a urinalysis, and that right now you have MJ smokers working for you who are doing a great job.

    If a company actually believes that smoking MJ is any indication of intelligence, then maybe that's not the best place to work for anyway. I can see blatant problems in that reasoning that would make me concerned about the judgment of thier leadership.
    It makes a difference in that it is illegal. If they are willingly breaking drug laws to compensate for something that is lacking in their life, what else are they willing to do.

    As far as not being able to get the best talent, that has not been a problem. We regularly raid our competition for their best people. In our niche, we are considered by far the best place to work.

  8. #58
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    Re: Drug Testing

    Quote Originally Posted by Jerry View Post
    You are asking to buy their service; you are receiving fair value for your money so you are not in a superior position. Since employment is an agreement among equals, why don't you offer them the same grantee that you request? How do they know you don't abuse drugs before they agree to offer you their service?
    Really? I've never run across a prospective employee that I though we had to have at all costs. There are a lot of applicants for any position we have open.



    Well again, random tests are not a proven way to detect or detour drug abuse. You are fostering a culture of mistrust of and against everyone.
    Oh well. Works for us. No one is forced to do anything. They signed a contract that spelled out our terms and if they don't like those terms they are free to go on down the road.


    .

  9. #59
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    Re: Drug Testing

    Quote Originally Posted by Slippery Slope View Post
    I voted "other".

    If your employer tells you before you are hired that a drug test is required and that you may be randomly tested then it is not a violation, IMHO.

    If your employer decides to start a testing program while you are already employed and requires you to submit or face termination then I would say it is a violation.

    I would also say that they must test for Alcohol and prescription drugs as well though, otherwise it is discriminatory.
    No problem. Just fire them. If they were marginal anyway, your done with them. If you want them back offer them their job back if they sign the agreement. See how simple that was.

  10. #60
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    Re: Drug Testing

    Quote Originally Posted by TOJ View Post
    It makes a difference in that it is illegal. If they are willingly breaking drug laws to compensate for something that is lacking in their life, what else are they willing to do.
    You're right, a basic respect for the law is an important quality to look for in an employee. But seriously, do you check their historical records for parking tickets too? They're on the same level as far as I'm concerned, as it pertains to the person's suitability at any job position. Why shouldn't they be treated the same? Why should smoking a joint constitute enough disrespect for the law that you don't hire them, but if they got a speeding ticket you wouldn't even blink? I would think speeding should be considered the bigger crime - it shows that they're willing to disregard the safety of others for their own purposes. So why single out smoking marijuana?

    Quote Originally Posted by TOJ View Post
    As far as not being able to get the best talent, that has not been a problem. We regularly raid our competition for their best people. In our niche, we are considered by far the best place to work.
    That's good to hear. I didn't mean you're putting the company at a huge disadvantage or anything, just that you shouldn't be misled by the myth that anyone who smokes marijuana isn't capable of being a valuable employee. Your hiring practices are your own, of course, but I think in the end it just amounts to little more than a warm and fuzzy feeling.

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