Random drug testing proposal fails in House

Random drug testing proposal fails in House

amaxwell@govexec.com

The House of Representatives has rejected an amendment to the Drug-Free Workplace Act of 1998 that would have made random drug testing a condition of employment for federal employees.

The amendment's sponsor, Rep. Gene Taylor, R-Miss., said the amendment would have allowed supervisors to demand a drug test from an employee if the supervisor had reason to believe the employee was using drugs. It would not have required termination of the employee if the test was positive.

"I do not think anyone who works for our nation should be using drugs, illegal drugs, taking their federal paycheck, paid for by the taxpayers of this country, and buying illegal drugs," Taylor said in announcing the legislation.

Rep. Thomas Barrett, D-Wis., who voted against the measure, said it was "well-intentioned," but "clearly unconstitutional."

"The courts have consistently held that when addressing the privacy considerations of federal employees, that they have to be measured in a context that provides for a reasonable search," he said.

Rep. Elijah Cummings, D-Md., objected to the measure because it did not outline how a supervisor would would decide who needs drug testing.

"There has been some abuse of that, where a supervisor may have wanted to get rid of an employee," Cummings said.