Role of occupational health services in workplace drug testing

In Finland, workplace drug testing is mainly performed in accordance with the Act on the Protection of Privacy in Working Life (759/2004), (http://www.finlex.fi/en/laki/kaannokset/2004/20040759) [1], the Occupational Health Care Act (1383/2001), (http://www.finlex.fi/en/laki/kaannokset/2001/20011383) [2] and the Decree on Workplace Drug Testing (218/2005) [3]. The role of occupational health services is stated in the Occupational Health Care Act. All workplace drug tests are carried out by health services according to good occupational health care practice. A referral for a drug test is given by a physician or a nurse working in health care services. When giving the referral, the physician or nurse should inform the person to be tested of the purpose and content of the test, record any medication they may be using, and make sure they are aware that they can later dispute the result of the test. The identity of the person should be checked before taking a sample. The analysis laboratory sends the result of the drug test to the health care service unit that has given the referral. If the test result is positive, the laboratory gives a detailed analysis of the test result. The health care service personnel provide the testee with the result. If it is negative, it may be given by a nurse. When the test result is positive, a Medical Review Officer (MRO) should interpret the answer and evaluate whether the positive result is due to medication, or another reasonable explanation offered by the person tested. The MRO informs the person of the options of rehabilitation treatment available to drug abusers stated in the written drug testing policy/programme of the employer/company. The testee takes the test result report to his/her employer personally.     

HIV testing: progress in Hungary, problems in Russia

Voluntary anonymous HIV testing is about to become the norm in Hungary. Mandatory HIV testing, however, is widespread in Russia, contrary to the federal law on HIV prevention.     

The Judge as 'Political Advisor': Behind the Scenes at the National Industrial Relations Court

The recent opening under the 30-year rule of official papers concerning the Industrial Relations Act 1971 makes it possible to reappraise the conventional view of this short-lived statute and also more general implications of the process of policy making at a time of acute political crisis. The papers shed new light on the relationship between the government and the judiciary, in particular the President of the National Industrial Relations Court, Sir John Donaldson. They provide empirical evidence of how the judicial and political arms of government dealt with social and industrial upheavals and they prompt reflections on the nature of the separation of powers in the United Kingdom's constitutional arrangements. It is argued that, in examining the nature and extent of judicial independence, constitutional law scholars have hitherto concentrated on executive influence on the judiciary and tended to ignore the extent to which judges may secretly influence politicians.     

UK: Court of Appeal orders retrial in UK's first HIV criminal transmission case

On 5 May 2004, the UK Court of Appeal, Criminal Division, granted Mohammed Dica's appeal against his October 2003 conviction on two counts of causing grievous bodily harm for reckless transmission of HIV. The court ordered a retrial after determining that the trial judge was wrong to not allow the defendant to present information that the victims had known about his condition and had consented to the risk.     

Ontario Court of Justice dismisses police negligence case: HIV infection a factor

On 22 February 2001, the case of Chartier v Greaves was dismissed by the Ontario Superior Court of Justice.     

Ecuador: police force HIV testing on detained transvestites

In September 2000, Amnesty International reported that nine transvestite sex workers were detained by police in Guayaquil, Ecuador on 5 July 2000 for over three weeks on charges of crimes against decency and violating "public morals." AI believes they were detained solely because of their identity as transvestites, and notes that these are not isolated cases.     

New technology and new initiatives in U.S. workplace testing

A current perspective of workplace drug testing in the USA is presented covering three major issue areas: (1) epidemiology, (2) new technology and (3) initiatives to reach out and assist small business. First, national illegal drug-use self-reported survey data is compared with national laboratory drug testing results, illustrating a number of inconsistencies. During the 17-year period (1988-2004) the number of laboratory positive test results has decreased by 66% while during the same period self-reported drug-use has increased by 30%. The lack of concurrence between lab results and self-report surveys are examined in light of the typical panel of drugs being tested in U.S. laboratories, the increased specificity of immunoassay screening tests, and the critical issues of adulteration and substitution. Second, a brief review of the state-of-the-science in rapid point-of-collection (POCT) oral fluid drug-testing devices is presented along with some device evaluation findings. In general the window of drug detection in oral fluid is measured in hours. Most of the available oral fluid POCT devices can detect methamphetamine and amphetamines and opiates very well. The ability to detect cocaine appears to vary significantly across devices, while the ability to detect cannabis use is generally poor across all devices. Finally, efforts to reach out and assist small businesses in the development of workplace anti-drug programs are discussed in the context of increasing workplace programs in the European Union.     

El Salvador: activists challenge law allowing pre-employment HIV testing

On 24 October 2001, El Salvador's national legislature passed a law allowing employers to impose pre-employment HIV testing on job applicants, although it also prohibits employers from discriminating against those who test HIV-positive.