employer drug testing legalities?

Question

in 1999 west virginia passed a law making it a violation of a persons privacy rites for an employer to have random drug testing is this correct? if so please clarify. or if any one else has any knowledge on this subject.

Answer 1

Not quite. In 1990, the WV Supreme Court issued the leading decision on drug testing. In Twigg vs. Hercules Corp, the WV Supreme Court recognized that random drug testing can constitute an invasion of an employee's right to privacy.

But the WV Supreme Court also recognized 2 exceptions for employers. First, an employer may require an employee to submit to a drug test if there is a "reasonable good faith objective suspicion" of drug usage by the employee exists. And second, an employee may be requires to submit to drug testing if the "employee's job responsibility involves public safety or the safety of others." Such as a truck driver, police officer, and recently added are a coal miner and construction worker.

Answer 2

Thereis no constitutional guarantee to a right to privacy from a drug test for a private employer. The Con. privacy guarantees protect people from intrusions by the state. Plus, there is no way to broadly prohibit all drug testing by employers. Even if there was some law that would limit an employers right to test an employee, there would have to be so many exceptions that the law really wouldn't have much teeth, and would not be worth having.

Answer 3

You have to realize that most Americans have been fooled into thinking that weed is the most deadly drug on the face of the Earth. Yea its bs that such a harmless plant was made illegal cuz it would help imprison blacks, mexicans and flips. But hey America has its ups and downs. We are the best at most things and we are the dumbest at others.

Answer 4

I doubt it ever happened. Drug test fall under safety and OSHA so it is doubtful.