ABSTRACT

Critics have argued that there is insufficient evidence that random testing in the workplace reduces drug use. Preliminary studies of testing programs for student athletes have found indications that random drug testing does reduce some forms of drug use, though there is evidence that some students subject to testing may switch from use of illicit drugs to use of alcohol. With the imprimatur of the courts, drug testing has become widespread in a variety of educational and occupational contexts. Under the Fourth Amendment to the US Constitution, individuals are protected against unreasonable search and seizure, and drug testing is literally a "search" of the person. Blood testing requires a person to sit for a minor medical procedure in which a needle penetrates the body, essentially a per se intrusion on personal privacy. Urinalysis requires some sort of monitoring, at least aural and sometimes visual, of the act of urination, usually considered among the most private of bodily functions.