Physical Pre-Employment Screening and Occupational Testing

Archive for the ‘Drug Testing Legislation’ Category

Random drug testing proposal for health services

Friday, February 19th, 2010

An Ohio politician recently introduced a bill that would require random drug testing of Ohio Medicaid recipients.  House Bill 440 proposes that an adult Medicaid recipient would have their Medicaid services terminated for six months each time;

1)      The recipient fails to comply with random drug and alcohol testing;

2)      The recipient fails to complete a treatment program following a determination of a drug and/or alcohol problem or;

3)      The recipient had a second positive drug and or alcohol test.

Medicaid is a state and federally funded health program providing benefits to “low income” and “medically vulnerable” people.

This got me thinking about what would happen if such a bill was proposed in Alberta; every adult Albertan receiving Alberta Health Care would be subject to a random drug and alcohol test.

We could randomly drug test all adult Albertans; “weed out” those people who are taxing the health care system, punish them by taking away their and encourage them to go to rehab.   As a tax paying Albertan, why wouldn’t I be in favour of this? Reward those who are drug free, lighten the load on the already burdened health care system and feel good about offering rehab services to addicts.

Given this line of thinking, should we not then consider taking health care away from cigarette smokers, obese adults…heck… even adults who don’t exercise according to the Canadian Physical Activity guidelines?

While I believe it makes sense to provide rehabilitation services to those people who may have a substance abuse problem, it doesn’t make sense to take away basic health care services.  In essence, this would probably lead to further health problems for these individuals.  Desperate times call for desperate measures; these individuals may resort to stealing in order to have money to care for themselves.

Clearly this bill would not pass in Canada.  I’d like to think that Albertans are a little more liberal than that, or at least are educated enough to realize this isn’t the answer to the problem.  Then again, I wouldn’t put it past a number of people who would probably support the idea in the ever increasingly “me first” climate we live in today.

14 DUI Convictions, and Still Going!

Monday, August 17th, 2009

After reading an article from the Daily Times, talking about 51 year old Wilson Benally getting arrested for his 14th DUI , I am intrigued as to how anyone could get to this point.

To sum the article up, local police had found Benally in his vehicle, with an empty bottle of vodka, one half empty bottle of vodka, and an empty bottle of mouth wash. Benally was tested with a field sobriety test that he failed, and then blew over at .21 BAC on his breath alcohol screen. The police charged him with his 14th DUI and insisted that he did not get back in his vehicle and drive it. But why didn’t they take away his keys? Or bring him to jail? When someone has that many offences over their lifetime they obviously haven’t learned or taken to heart any treatment that may have been provided to them.

Laws need to be established which strictly enforce treatment programs for people charged with crimes related to substance use and or abuse.  As the above story indicated, public safety is at risk with current legislation.  It is the job of the police force to keep everyone in their jurisdiction safe, and letting someone get back into their motor vehicle after their first DUI, let alone their 14th DUI is far from safe.

It is obvious that the current penalties associated with impaired driving are no longer a deterrent.  Combined with the fact that most people do not believe that they will get caught if they are only going a short distance after having a few drinks.  Increased police presence on city streets and highways and heavier penalties may be the only measure left.  Governments and lobbyists have used education for 50 or so years to combat drunk driving, but recently the effects of this education have seemed to plateau.

It seems that when people know there are check stops out due to long weekends and holidays, they tend to make safer decisions on rides home. Because they know their chances of getting caught are increased. So should we go to this extreme and have check stops year round? And will that reduce the number of drunk drivers that get behind the wheel? Stronger actions like this need to come into effect so we don’t get to the point where police are handing out a 14th DUI charge.

Here are some statistics:

Percentages of drivers involved in serious injuries that were under the influence have fluctuated over the past 20 years.

The highest was in 1992, at 48%, but was down to 21% by 1995, and then rose again to36% in 2006.  In Alberta alone from 2007-2008 the instances of drunk driving collisions increased almost 20%.

There were 2889 people killed and 199,337 injured in road side crashes in  Canada in 2006 (the most recent year for which these statistics are available). And in 2008, Ontario taxpayers alone, forked out $64,096,115.00 for treating, healing and rehabilitating those who sustained injuries in crashes.

Alcohol is involved in nearly half of all traffic fatalities, and impaired driving is the leading cause of death in Canada. And remember, being impaired isn’t just about alcohol; it also includes drug abuse and fatigue.     Almost 1 in 5 fatal crashes were caused by a driver who fell asleep, due to fatigue.  How much do we have to drill these statistics into people’s heads before they realize that if they don’t take action they WILL become one of these statistics?

“It’s like Russian Roulette. One of these times you’re going to get caught. Hopefully it’s a police officer pulling you over, and not because you’ve crashed into somebody”, say Louise Knox from Bonnyville, who experienced 3 fatal crashes first hand within the past 10 years.

Right now it is not mandatory in Alberta to have a breathalyzer attached to your ignition until your second conviction. But why get a free ride the first time when we have technology that stops people from drinking and driving. Impaired drivers are not only a threat to themselves, but they are a hazard to society.

Strip-Searched 13-Year Old’s Case Goes to the Supreme Court

Thursday, April 23rd, 2009

This week, the case of Safford United School District No. 1 v. Redding (08-479) is heading to the U.S. Supreme Court for a final ruling.  In 2003, 13-year old Savanna Redding was strip-searched by two Arizona school representatives after one of her classmates accused her of providing prescription-strength Ibuprofen.  The Arizona school has a zero tolerance policy for drugs including over-the-counter and prescription medication without prior written consent.  School officials were unsuccessful in finding any drugs in Redding’s backpack or on her person after performing the strip search.  Previous courts and panels found the search reasonable because of the school’s zero tolerance policy.  However, last year the U.S. Circuit Court of Appeals ruled in favor of Redding, citing that the strip search was illegal and “traumatizing” for Redding.  For more background information about the case itself, visit the link above.

The obvious issue in this case is whether the school board went too far by having the youth strip to her underwear to search for Ibuprofen!  Did school representatives have strong enough evidence to search her based on reasonable suspicion?  The CNN report states that Redding was searched because she was accused by a classmate.  Redding had no prior disciplinary history, was an honors student, told school officials when questioned that she did not have any Ibuprofen, and no pills were found when her backpack was searched.  The reasons not to strip search her seem to outweigh the justification of the search.  It would be different if the classmate had provided evidence of the pills, or if other students interviewed had also reported seeing Redding with the pills.

Many schools have instituted a zero-tolerance policy for drugs in an effort to make their school safer for teachers and students in light of the number of school shootings in the past 10 years beginning with the Columbine massacre. However, at some point common sense has to be used.  I don’t know if trafficking ibuprofen has ever been linked to school violence, but I would highly doubt it.  Ibuprofen has a very low physical addiction property.  There are some serious health effects of abuse of ibuprofen; however, there are serious risks with abuse of any type of drug.  It would be different if Redding was being accused of possessing cocaine, marijuana or even oxycodone.

At the same time, school administrators and officials are under the microscope from parents and the general public to make schools safe.  Policies are developed to provide rules to be adhered to.  They are implemented to provide a framework to a cut and dry method of responding to situations.  School representatives are expected to follow the policies and procedures and may be reprimanded if not followed appropriately.  School teachers do not want to be disciplined for not following school rules, even if common sense suggests that the situation arises where the policy may be appropriate.  However, there are always exceptions to the rules.  Redding’s case is one of these situations.

We will keep you updated as to the outcome of this case.  The Supreme Court is in a precarious situation with this ruling, as a ruling in the favour of Redding may deter schools from acting in the same manner where there is more evidence for reasonable suspicion.  However, I believe in this case, the school acted in a manner that was overzealous, inappropriate and intrusive given the situation and information available.  Whether or not it was illegal is up to the courts.