Everyone wants a safe working environment. That goes without saying, but the real issue is what is defined as safe. Clearly an exposed 440 current wire behind a machine is major safety violation. As is having someone who is half in the bag on booze driving a forklift around the warehouse. Everyone can agree on these issues, but where do you draw the line?
The New York Times is reporting today that companies are starting to expand the drugs they randomly test for into the realm of prescription drugs. Synthetic opiates like Oxycodone and Hydrocodone are starting to be flagged in drug testing and are leading to people being fired.
"Originally posted at Squarestate.net"
There is a case to be made for testing for these drugs. The abuse of synthetic opiates is far higher than those in the work force using heroine or morphine. These drugs, when used improperly, can impair judgment and reaction time. In factory settings or any place where workers have to rely on other workers this can cause a dangerous situation.
The problem here is that there are also valid medical reasons for workers to be on these drugs. Often they have to do with injuries sustained in this hard jobs. In general if you need a high powered painkiller like oxycodone or hydrocodone it is the painkiller that allows you to function. Proper dosage does not make one high, it takes the debilitating pain away and allows for normal functioning.
What we are starting to see here is troubling slippery slope where just because a drug is legal and prescribed by a physician it can still cost one their employment. This is even more troubling than it might seem at first. The climate for labor in this nation has been deteriorating for decades. As Union membership has dwindled the ability of business to skirt workplace safety has increased. The criminal Bush administration gutted inspection and enforcement at the same time they overturned Clinton administration workplace safety rules. The combination has lead to workers being more likely to be injured. Which leads to more people working with powerful drugs in their systems.
The problem is that drugs can persist in the body. Anyone with a prescription for one of these drugs is going to show up with it, of course. But how do you separate them from those who are abusing the drug or taking it illegally? Just testing for them will catch all the users. Firing them all is a simple solution to a complex problem. If you are hurt at work and have to take a drug to keep doing the job, is it right for your company to be able to fire you for taking it?
This zero tolerance policy is also inconsistent. If you cause an accident at work and test positive for alcohol in your system we have levels that we can say you are or are not impaired. So, even though alcohol persists for a while in the system, it would take a real bender for you to be impaired the next day. When drug tests are done for things like opiates they can catch a person as long as three or more days after they took the drug.
There is currently no scale that tells us if a person is impaired by the detection of the decay products of a drug. This will be a huge headache for everyone involved if Prop 19 passes in California. Since the decay of THC can be detected in the body for up to 28 days after ingesting it, how will businesses deal with the fact that it is a legal intoxicant in California?
Further, this is an issue of what you have to give up in order find work in this country. Right now in many states gay citizens need to worry about exposing their sexuality as they can be fired for it without recourse. Talking about your political views can be dangerous if you are on the wrong side of the prevailing views. You can be forced to go through arbitration rather than courts in some contracts. Now we are reaching a point where employers can have a say as to what medications your doctor can prescribe? Or what legal substances you can enjoy in moderation?
This is a where the decline of the Unions has really kneecapped the American worker. Everyone wants and needs a job. As long as we are all individuals on our own we are at a great power disadvantage.
It is to be hoped that the fired workers are reinstated through their lawsuits. Safety has to be a priority, but there are plenty of ways that are less draconian and less broad brush to insure safety and prevent people who are just following their doctors advice can keep their jobs. It might be better to focus on processes that make it less likely for workers to be injured or have systems in place for retraining injured workers to do jobs that are not as dangerous to others if they have to take these meds.
In the end if we do not stand up for fair work place conditions we will continue to lose the gains which three generations of labor unions have fought for. We can return to the days of the sweat shops here in the United States. It will come in the guise of less regulation for the powerful and more for the powerless.
The floor is yours.