Monday, October 1, 2007

"Whizz Quiz" or Drug Testing on the Job........

Just like you folks. Ole' Pecoz gets an e-mail every now and then complaining that as a job holder, the sender has to submit to random drug tests (Whizz Quizz's) and then the Gov'mint taxes his earnings and gives it to welfare recipients who are not subjected to such tests.

Well, I got to thinking about it and thought I'd nose around a bit. Guess what? It's true.

Here is a typical state law, this one is the law in Texas:
Summary of Law(s) and Regulation(s):TEXAS Workers' Compensation State law requires
that employers with 15 or more employees who maintain workers' compensation insurance adopt a policy designed to eliminate drug abuse in the workplace. The employer must distribute a written policy to each employee. The law does not require an employer to implement a drug testing or rehabilitation program. Tex. Labor Code Ann. §411.091 (1996). State law denies compensation benefits in cases where the injury occurred while the employee was in a state of intoxication. Tex. Labor Code Ann. §406.032 (1997).

Here is the law in Texas regarding drug testing for welfare recipients....
OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO

That's right -- nada - zippo - zero - nil - nothing!

Ain't that a cryin' shame? Seems like the great state of Michigan wrote such a law back in '99, but the ACLU took them to court and the Sixth Court of Appeals upheld that it was unreasonable search to drug test welfare recipients. Doesn't even have to be an embarrassing urine sample, a lock of hair tests drug use even truer and for a longer period of time! Congress could change things ---- but don't count on that happening!

As a footnote, I got to add that the numbers of folks on welfare, now called Temporary Assistance for Needy Families (TANF) has plummeted these past few years in Texas, with time limits on eligibility and low monthly payments to those who are eligible. But it sure does seem like a burr under the saddle -- to have workers tested, and TANF recipients getting a pass. How does it work in your state?

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