Arbitration of Drug Testing Cases: Second Hand Smoke Screen: A Search for Science & A Defense

摘要

Paper provides a background on the scientific principles of drug testing, the standard policies of employer and reported labor arbitration cases. Drug testing in the employment setting has become increasingly common. Some estimates place the number of tests at over 13 million a year. While employers may have different policies, they often share common details. The federal government mandates drug testing in the transportation industries. The author then examines common defenses to a positive drug test: attacking the laboratory, passive inhalation, external contamination of hair, innocent ingestion of an illegal substance, ingestion of a legal substance that produces the same metabolite, racial bias in hair testing, employer process violations. For each area, the paper examines the scientific studies regarding the defenses and a review of labor arbitration cases. The paper also examines employee's use of adulterants and public policy challenges to arbitrator's awards in this area. The paper concludes with a recommendation that all parties be more knowledgeable about the scientific studies in this area.