WHEREAS:

Drug testing can violate public workers' rights to due process, privacy, and freedom from unreasonable searches and seizures, which are guaranteed by the U.S. Constitution; and

WHEREAS:

Employer rights to test employees have been further restricted by some state laws and in collective bargaining agreements that require employers to negotiate over when drug testing is appropriate, laboratory procedures, just cause, and access to assistance programs; and

WHEREAS:

Current screening methods are not sufficiently reliable and many of the laboratories conducting such tests have unacceptably high error rates; and

WHEREAS:

Even a confirmed positive test cannot determine when a drug was taken, if there is impairment, whether the person is a one-time or habitual user, and cannot predict effects on health or behavior; and

WHEREAS:

Drug testing is an ineffective means to deal with drugs in the workplace and is an unjustified attempt to extend control over workers beyond the worksite.

THEREFORE BE IT RESOLVED:

That AFSCME continue to oppose random, universal, or other drug testing that lacks probable cause and protections for due process; and

BE IT FURTHER RESOLVED:

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

BE IT FURTHER RESOLVED:

That AFSCME support efforts to regulate laboratories engaged in testing to ensure that reliable findings are produced; and

BE IT FURTHER RESOLVED:

That decisions affecting employees' job status should be based on job performance; and

BE IT FINALLY RESOLVED:

That any drug testing should only be accompanied by an effective employee assistance program with union participation and benefit coverage paid by the employer.

SUBMITTED BY:

Donald G. McKee, Delegate and President
Dick Palmer, Secretary-Treasurer
Council 61
Des Moines, Iowa

Sue Zukowski, President
Bev Hermanson, Secretary
AFSCME Local 443, Council 28
Olympia, Washington

John Riehl, Delegate
AFSCME Local 207, Council 25
Detroit, Michigan