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Summarize:Another area of preemployment testing in which the Supreme Court has made decisions relates to drug testing. Because many hospital employees have responsibilities that directly
Summarize:Another area of preemployment testing in which the Supreme Court has made decisions relates to drug testing. Because many hospital employees have responsibilities that directly affect patient care, an argument could be made that drug testing is needed to ensure the public's safety. On the issue of safety, National Treasure Employees Union v. Von Raab, 489 U.S. 656 (1989) could be analogous to the situation of health care workers. The Court determined in this decision that mandatory drug tests for applicants and employees seeking promotions to sensitive positions in the U.S. Customs Service were constitutional and permissible. The Supreme Court had previously ruled that drug testing of employees is a "search and seizure" within the realm of the Fourth Amendment, and that each case must be resolved on a case-by-case basis using a balancing test between individual rights and public safety. The Von Raab decision considered public policy with public safety outweighing concerns about employees' rights to privacy. Preemployment drug testing is now considered routine in many health care settings, particularly hospitals. The law specifically requires tests that provide "qualitative data" on the presence of drugs or alcohol. The intent of the law is to determine whether the employee is fit for duty
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