AMI Legal Issues
The Legal Issues
The following legal memorandum, addressing key issues of
vulnerability with regard to drug testing, was prepared
specifically for Assurance Medical, Inc (AMI) by a
prominent attorney and specialist in the litigation of
forensic toxicology . This individual is one of the leading
legal experts in this field in the U.S. today. His name
and credentials will be supplied upon request.
QUESTION:
Can the liability of corporations be reduced if they utilize
a professional third party administrator (TPA) for random
urine laboratory drug tests on employees?
RESPONSE:
Use of a professional TPA for random urine laboratory drug tests
on employees *can* reduce the potential for liability.
DISCUSSION SUMMARY:
Random drug testing has proven to be a valuable tool in maintaining
a drug-free workplace. Random testing, however, must be conducted
properly to avoid liability on the part of the employer.
Drug testing, including random testing, has been legally attacked
on a number of grounds. For example, some of the grounds include:
* Drug testing as a violation of privacy.
* Laboratories have negligently conducted testing.
* Employees have been unfairly singled out for testing.
* Employers have been charged with discriminating on the
  basis of sex, race, and union involvement when conducting
  drug tests.
* Laboratory drug tests have admissibility problems in court.
A professional TPA can reduce the potential for liability in
all of the above areas. A professional outside TPA can insure
that employees are properly selected for testing thus reducing
the concern that the employee was selected because of bias on
the part of management. A professional TPA can insure that the
laboratory does its job and that proper records are kept so that
the drug testing program complies with state and federal laws and
the results are admissible in court.
CONCLUSION
Use of a TPA for laboratory drug tests creates several legal
advantages for an employer. Use of a TPA reduces concern about
violations of employee privacy. It ensures that the dignity of
employees will be protected and it will make the process of
drug testing more pleasant for employees. Employer concerns about
negligence in specimen collection and the analysis of the test are
reduced because trained professionals are guiding the process from
step to step. Use of a TPA reduces concerns about management bias
and discrimination because it provides an objective third party to
oversee the selection of employees for testing. A TPA provides
expertise in drug testing which employers cannot afford to be
without. It prevents liability from arising because it ensures
that the drug testing program is objectively and professionally
established and administered.
e-mail us if you have any questions.
mailto:hardwied@assurance.com
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