Pubdate: Thu, 26 Jun 2003 Source: Jessamine Journal, The (KY) Copyright: 2003 The Jessamine Journal Contact: http://www.jessaminejournal.com/ Details: http://www.mapinc.org/media/2744 Author: Randy Patrick A DOPEY PROPOSAL During a discussion of proposed changes in the city of Nicholasville's employee drug-testing policy, citizen Gerald Deeken asked an obvious question: Is there a drug problem among city employees? Oh, no, the elected promptly replied; there is no problem. Then they continued to talk about how they were going to spend thousands of dollars of your tax money to solve a problem they say doesn't exist. What had these people been smoking? I can understand the need for requiring random drug tests of men or women who are going to be carrying Glocks and driving two tons of steel at breakneck speeds through city streets in pursuit of criminals. Or of guys who have to spring up out of bed at 3 a.m. and minutes later run straight into a raging inferno. You want to make darn sure they have their wits about them at all times. But I can't see why a billing clerk or a meter reader should have to subject herself to the indignity of peeing into a cup while under surveillance so that someone else can study the sample and determine whether she has been snorting coke or hitting the bottle during lunch breaks. Body fluids are somewhat private possessions, and call me a shameless civil libertarian, but I don't think they should be confiscated without good reason -- such as a reasonable suspicion that an employee has done something wrong. It is just as humiliating as having to take a lie detector test or fill out one of those psychological exams that ask personal questions, like, "Do you ever feel misunderstood?" I think that in some places, it's part of an overall strategy to beat down the hourly wage people and keep them submissive. It's a way of saying, "We don't trust you from day one, you little weasel, and we're going to be keeping an eye on you." If there is anything that constitutes "unreasonable search and seizure" as prohibited by the Bill of Rights, it is random drug testing. Employers certainly have a right to expect that their employees not be wasted on the job. But a person who has given his employers no cause to be suspicious shouldn't have to prove his innocence in order to keep his situation. It's un-American. Furthermore, drug testing doesn't prove that an employee is in a state of altered consciousness while at her computer. In the first place, they ought to call it marijuana testing, rather than drug testing, because that's what it is. A person could go to a dance club and do lines of cocaine all night on Friday, and by Monday morning, it wouldn't show up in her system because cocaine, like most drugs, is water soluble. But pot is fat-soluble (it's the only recreational drug that is), which means that it stays in the body for months, or as the city's drug testing consultant, Paul Combs, put it when he spoke to the city commission two weeks ago: "forever." If an employee takes a vacation to Amsterdam, Toronto, London or anyplace else where cannabis is decriminalized, tries some, and returns to work two weeks later and tests positive, he can lose his job, even though he has broken no state or federal laws and has done nothing that might hinder his work performance. Or if he hasn't burned a joint, but happened to breathe heavy secondhand smoke while riding in a car with other people who were indulging their nasty habit, he might be busted when he gets back to the office. On the other hand, if an employee were someone who likes to fry his brain on LSD every weekend or eat psilocybin mushrooms and become Mr. Hyde, his boss wouldn't know it, because the tests don't look for such mind-blowing chemicals. OK, so you say that an employer has a right to hire someone who doesn't use harmful substances, whether on the job or off, and you would be right. An employer also has a right not to hire people who smoke cigarettes or are fat from eating bacon cheeseburgers and jelly doughnuts -- especially if he's paying for their health insurance. But let him find out on his own. If an employer can analyze a person's urine to learn if he's smoking dope, what's next: picking through his stool to determine whether he's eating right? Then there's the expense involved. Combs told the commission that random drug testing would cost between $30 and $45 per test. The city has about 200 employees, so do the math; if you test each employee only once during the year (and it could be more than once), you're looking at spending between $6,000 and $9,000 for a program that doesn't even prove on-the-job impairment. That money could be better used for other things, such as giving police officers raises so that they will stay here in Nicholasville and help rid our town of drug dealers and thieves. The truth of the matter is that random drug testing is expensive, intrusive and ineffective. It's easy to tell if an employee is stoned on the job, and if he is suspected of being high or drunk, then maybe the city should have a policy to allow the employee to take a test to answer the accusation against him. But to spend thousands of dollars a year to randomly test employees who are not even suspect is downright dopey. - --- MAP posted-by: Keith Brilhart