Yesterday, Gov.
“„The bottom line is this. In order for a state to subject an employee to random drug testing,** it is not enough that there is a generalized interest in sober public employees who perform their jobs well and keep the public trust**. Nor is it enough that others in the same agency have duties that make it especially important that those employees remain drug free. Nor is it enough that a far-fetched possibility can be conjured under which the employee at issue could, if under the influence of drugs, bring about some harm. … **There must be, instead, a concrete risk of real harm. Mr. Wenzel, a long-term strategic planner, presented no such risk. He was not obligated to take a random drug test. **[Emphasis added.] #
“„Scott also cannot unilaterally order drug testing of existing employees without safety issues if they are covered by labor contracts, said Tom Brooks, a lawyer for the Federation of Physicians and Dentists. The federation is a union for health care professionals who work for the governor’s agencies including the departments of Corrections, Juvenile Justice and Children and Families. #