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Random Drug Tests - 10 Years Later
In June 2001, the Alaska Supreme Court surprised many of us by ruling that public employers cannot give random drug tests to police and firefighters – or, by implication, to other non-CDL employees (employees required to have a Commercial Driver’s License, or CDL, are subject to federal standards, including random testing). Public employers, including the AMLJIA’s members, worried that an end to random tests could lead to an unsafe workforce and workplace.
How has that prohibition worked out? Not as badly as we might have expected. For a start, the court made it plain that public employers may still drug test (1) upon application for employment, (2) upon promotion, demotion or transfer, and (3) after a vehicular accident. So, when an employee or applicant is changing jobs or gives a reason to worry because of an accident, public employers can still drug test.
Where does this ruling leave supervisors? Just as they should do in all situations, public employers need to focus on and manage employee performance. What an employee does with his or her weekend is less significant than whether the job is getting done, and done soberly. Part of an employee’s performance is in showing up ready to work, and that means sober.
Of course, any drug testing has to follow the employer’s written policy and must be applied equally to all employees. Members of the AMLJIA may request assistance with drug testing and other human resources policies from Kate Young by e-mailing katey@amljia.org, or call toll-free 800-337-3682. Members may also call the Employment Law Hotline, 877-426-5542, for advice about drug testing and any other employment-related question. There is no fee for these member services.
The court’s decision, which is not lengthy, is Anchorage Police Department Employees Ass’n and International Ass’n of Fire Fighters, Local 1264 v. Municipality of Anchorage. Any member who would like a copy is welcome to e-mail hotline@amljia.org.
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