Field: Education
Re: Drug-Free Workplace
class, marijuana is not legal in any state based on the federal laws. About 29 states have allowed medical marijuana be under federal law that is still illegal. There are only a very few states that allow recreational marijuana and again that is still against federal law. In WY it is illegal to have recreational marijuana and folks coming from CO end up with a citation from our local police for having the material even though it is legal in CO.
DQ6 ch14 priv. ken 8.51
class, the Fourth Amendment doesn’t apply to private business. It applies to the government specifically. A company can have a policy that if you bring something on site, then you are giving your consent to examine it. Folks, remember that the company doesn’t have th same requirements under the Constitution that the government does. A company can do random searches if that is in their policy and the policy has been made known to the employees. Now with that in mind, if the company just invades your privacy without any basis, you might have a claim but you need to make sure that you have not already consented to that intrusion.
Dq7 ch14 reply ken 9.02
class, the employee should have disclosed that he/she is on prescribed medication and that is not something that would be a disqualifier however, if the drug is something that the employee should not be taking while at work, then you have another problem as the employee may be endangering other employees. You also need to remember that unless the person is determined to have a disability due to the alcohol, he/she can be dismissed without further question especially if they show up for work intoxicated.
DQ8 ch4 ken 9.20
class, I agree that the Drug Free Workplace is a misnomer but I don’t thing that most folks look at like you are suggesting. As to the difference between a user and abuser, that might just be the individuals themselves using the nomenclature. I suspect that it means the same thing to them as if you are using at work, you have abused the system whether it is a first time or not. If the company is an illegal drug free place of work or a prescribed drug free employment, it isn’t much different as if an employee shows up for work being inhibited by even a prescription drug, it is a potential safety problem.
