Should employers be allowed to screen for alcohol in random testing?

[xmas74]

In the past my employer only ran drug screenings if there was an injury on the job. Recently it was announced that there would be random screenings at any time and for any reason. (Random is the key here.) We were also informed that alcohol would be part of the screening and that, for example, if we had been up drinking the night before it could show up. (Management actually made a joke about running some random screenings the day after the Super Bowl or if the Royals actually pull this streak off and last into October, as examples.)

Me? I'm not a heavy drinker. I like a glass of wine, sometimes two on occasion. In the summer heat I like an icy cold beer or a summer shandy or even a hard lemonade/country cooler. In the winter I sometimes enjoy my coffee or hot cocoa spiked. And sometimes I just want a nice weekend brunch with a Bloody Mary or a screwdriver or I want to go out for a margarita with my friends. I enjoy it but it's always in moderation and it's not a regular occurrence. I've never gone to work with alcohol on my breath, I've never been hung over at work and I've never had a drink during a long lunch.

Am I the only one who thinks that this is unfair? I've never felt that drug screens were fair in the first place but this, imo, is too far. I don't understand why my employer thinks it's ok to know if I've had a drink on my own time. Of course, they could be full of crap about the screenings and just trying to put a scare in us but I wouldn't put it past them to try something like this.

[NYC_SKP]

1. Off the top of my head, I'd say it depends on the job.

Heavy equipment jobs, jobs that involve driving or require safe behaviors, definitely.

For certain other jobs, possibly not.

Minimum wage farm labor, for example, or part time waitstaff, I'm not so sure.

[xmas74]

2. No heavy equipment or driving.

Honestly, I think it's a way to intimidate, since they've made jokes about random testing during times that people would more likely be drinking at home.

[NYC_SKP]

3. I'd like for there to be a general protection against that sort of search w/o probably cause.

But if they are private employers with at-will employees, I'm afraid they aren't prohibited from initiating such a policy.

This is the kind of thing unions help to prevent.

[xmas74]

4. My coworkers are far too scared to speak out

and they have their own issues with unions that I've yet to understand. Few know anything about unions but are very vocal in their displeasure.

If we had unionized we wouldn't be worrying about this crap now.

[dogman]

11. I beg to differ.

Many Unions initiate testing to prove they provide a superior workforce. My Union did and advertised the fact that they did. Union leadership is often very conservative about social issues. For instance our self insured health coverage prohibits paying for abortion except for rape, in which case a police report is required. Unions are good for money and benefits primarily, sometimes they will even settle a grievance.

[Hoyt]

13. If one is into gunz, they should not be drinking or even taking prescription/OTC drugs that

alter judgement.

Certain jobs would fall in that category.

[NYC_SKP]

14. Yes, this certainly fits with the heavy equipment and driving types of jobs.

Surgeons, too, shouldn't drink.

[Art_from_Ark]

5. I've always heard that it takes one hour for the body to process

one 5-ounce glass of wine, one shot glass of whiskey, or one 12-ounce can of 5% beer (although there are apparently differences between the processing capabilities of men and women). At any rate, unless you were drinking, say, 11 beers at 10 p.m., it seems like all of that alcohol should be out of your system by the time 9am rolls around.

[xmas74]

7. True

but they also said they could call us in on our own time, have us clock in and then drop a drug test.

[Art_from_Ark]

9. That's getting ridiculous

Absolutely ridiculous. You are not their property. You shouldn't have to report to the company during your off time and there's no emergency situation.

And the fatcats who are behind that testing crap can guzzle away at any time without suffering any consequences.

[Revanchist]

12. What line of work are you in where they can make demands like that?

Not asking for a specific company name, just curious who would make such outrageous demands such as that.

[xmas74]

16. I'm a cook.

I used to be in a different position with the company but in the past year they've made a number of demotions and are hiring others for much cheaper wages.

[dogman]

6. Why not, alcohol is usually more of a problem.

It is legal in more places and more readily available. Personally their are better ways to test capacity to do a job safely. Another facet is the policies to deal with positive tests and whether they are carried out equally and fairly.

[xmas74]

8. We were told if we have a positive we would be terminated.

It just seems too invasive.

[dogman]

10. Too often that is not the case.

Some get fired and some don't. It is often at the discretion of a company official. Any test without cause is to invasive. When I worked on call I did not partake but when it was not assigned call, for which I was paid bonus, I did not take all calls. I also did not say why I didn't take them. You have to make sure it is worth surrendering your privacy to work some jobs.

[etherealtruth]

15. I don't like random drug screening ... but

alcohol will clear from your system fairly quickly ... if you drank 'last night' ... it would likely not be detectable the next morning. obviously if you drank very heavily until four AM and were randomly tested at eight AM .... you would be positive.

http://www2.potsdam.edu/alcohol/DrivingIssues/1127227453.html#.VAsL-KOwWYw

[greendog]

17. The department of transportation's rule for truck drivers...

...is that you can't drink within 4 hours of going on duty. I've worked for large carriers that told us DOT says 4 hours, we say 8 hours. With most carriers, if you have ANY alcohol in your system in a random test you will lose your job. I've been tested 8 hours after drinking a few beers and was was fine.

[xmas74]

18. My position doesn't deal with heavy equipment.

I truthfully think this is a way for them to scare us. They've made comments about how we can be called in on our day off and drug tested as long as we are "on the clock" during the test. In other words, they want to control us even on our days off.

[greendog]

20. You're right, they're trying to mess with you.

If they fired you for having a legal substance in your system on your own time I think you'd have a pretty good law suit.

[Comrade Grumpy]

19. Employers can test for whatever they want, unlike the government.

We have the Bill of Rights to protect us from government drug tests, specifically the Fourth Amendment. The federal courts consider a drug test a search under the Fourth Amendment, meaning the government has to have probable cause. There are only limited exceptions--public safety, some law enforcement, school kids, for example. That's why state laws mandating drug testing of all welfare recipients, for example, get struck down as unconstitutional.

We have no such protections against our employers. It's you against the boss, and we know who wins.

Unless you have a union and are able to negotiate the issue to protect workers' dignity and privacy rights. (And even too many unions haven't been very good on this.)