WHEREAS:

The U.S. Constitution guarantees all citizens the rights to privacy, due process, freedom from unreasonable searches and seizures and from self-incrimination; and

WHEREAS:

Screening employees for the use of drugs is becoming more common in both the private and public sector. The President's Commission on Organized Crime recommended that all federal workers be tested and that contracts not be awarded to private industries that do not test. Other elected officials favor expanding such testing to all state, county, and municipal workers; and

WHEREAS:

Such testing can violate Constitutional rights to procedural due process, privacy, and protection from unreasonable searches and seizures. In addition, testing and adverse actions can violate collective bargaining agreements that provide for just cause, due process, and prohibitions against employers unilaterally changing terms and conditions of employment; and

WHEREAS:

Drug testing is an unjustified attempt to extend control over workers beyond the worksite; and

WHEREAS:

Current screening methods are not fully reliable. False positives (tests which show the presence of drugs that are not there) can occur due to flaws in the tests themselves or because of errors by those performing the tests. With a false positive rate of only 4%, 40,000 of every one million workers tested would incorrectly be shown to use drugs; and

WHEREAS:

Even a positive test that is confirmed by a reliable method cannot determine when a drug was taken or the level of intoxication, and cannot predict the effects on health or behavior; and

WHEREAS:

Employers should not rely on testing and discipline as the way of dealing with the issue of drugs in the workplace.

THEREFORE BE IT RESOLVED:

That the emphasis of drug programs should be on prevention and education. Employees having difficulties with substance abuse should be referred to appropriate assistance programs; and

BE IT FURTHER RESOLVED:

That there will be no drug testing of employees that violates due process; and

BE IT FURTHER RESOLVED:

That AFSCME councils and locals strenuously resist any attempt by local and state employers to conduct mass drug screenings of its workers. This includes filing grievances, taking employers to court, and fighting any legislative initiatives that would give public and private non-profit employers unreasonable powers to test employees.

BE IT FINALLY RESOLVED:

That AFSCME actively oppose efforts by employers and local, state or federal governments, to use mandatory drug testing or lie detector tests as a standard for employment or continued employment.

SUBMITTED BY:

International Executive Board

Charlotte Ronning, President
Local 607, Council 6
Fairbault, Minnesota

Myron L. Miner, President
Julie Sharp, Secretary
AFSCME Local 304
Seattle, Washington

Martha R. Harbin, President
Sharon MacBride, Secretary
AFSCME Local 2696, Council 8
Akron, Ohio