An analysis of applicable legal issues concerning employee substance abuse policies for the Florida community college system.

摘要

The purpose of this study was to develop a model employee substance abuse policy, including a drug screening option, for Florida community colleges. The model resulted from a review of current policies as well as traditional legal research involving applicable federal acts and state statutes, case law, and literature. Potential judicial response relative to urinalysis was a particular focus.; Three federal acts directly implicate Florida colleges: (1) the Drug-Free Workplace Act of 1988; (2) Drug-Free Schools and Communities Act Amendments of 1989; and (3) Omnibus Transportation Employee Testing Act of 1991. Current policies generally comply with the former two acts.; Urinalysis, ruled a search action by the U.S. Supreme Court, is the most controversial component of a substance abuse policy. The Court twice has upheld uniform drug screening where a nexus existed between employees' duties and public safety or national security. Disagreement remains as to how broadly the Court's rulings should be interpreted. A preponderance of lower court decisions suggests a shift has occurred in legal theory away from individual privacy rights toward employers' rights to increasingly intrude upon employees' privacy.; Florida colleges are authorized, although not mandated, by statute to conduct drug screening programs. A near void of case law involving higher education on this issue makes judicial response only somewhat predictable. College officials desiring to include drug screening as a component of a substance abuse policy can be fairly certain testing safety-sensitive personnel will be upheld. Reasonable suspicion testing remains less settled, although the aforementioned shift in legal thought tends to support the employer's position. Whether other types of testing, e.g., uniform testing of job applicants, could withstand legal challenge remains unclear.; A model policy was developed as a resource for Florida colleges desiring to implement a policy that explicitly addresses requirements of applicable federal and state laws. Procedures outlined in the drug testing option were based on rules promulgated by the National Institute on Drug Abuse.; Further research was recommended concerning emerging case law and federal legislation on drug screening; actual practices regarding Florida community college substance abuse policies; and development of a model student substance abuse policy.