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Drug-testing disputes

A review of litigation over random and “reasonable suspicion” drug testing. The scientific and technical issues in drug-testing arbitration disputes are explored.

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The author gives an overview of the public sector restraints on drug testing, and private sector issues including the unilateral institution of drug testing, drug screening techniques, random drug testing, refusal to submit to testing, discipline for positive results, and off-duty possession and use. Judicial review of awards on public policy grounds is discussed.

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