Senate can improve jobless-pay guidelines

A bill in the Missouri Senate that promises to tighten guidelines for unemployment benefits to workers who are fired for illegal drug use is in trouble. While the bill itself, which contains many other provisions, is headed for final action, the portion on illegal drugs has been dropped. This is something that could still be changed before the measure sees final action in the Senate.

For years, many of the state's employers along with organizations like the Missouri Chamber of Commerce and Industry and Associated Industries of Missouri have pushed for guidelines that would prevent former employees who were fired for using illegal drugs in violation of company policies from receiving unemployment benefits.

Some court cases, however, have determined that positive check for drugs is insufficient grounds for denying benefits. As it stands, proof of actual on-the-job impairment is required to deny the unemployment payments.

The Missouri Division of Employment Security, which administers unemployment checks, says illegal-drug use was a factor in 0.19 percent of the 292,554 disputed cases it handled in 2001. Benefits for those drug-related cases totaled approximately $300,000, the division estimates -- "merely a drop in the bucket," according the state Sen. Ken Jacob, a Columbia, Mo., Democrat who opposes the proposed changes, as do organized labor groups.

But the state chamber believes the payouts for workers fired for illegal drug use is more like $1 million a year. This year more than ever, every dollar of state spending is being closely scrutinized because of a $700 million gap between spending requests and revenue estimates for the fiscal year that begins July 1. And the legislature has less than a month to pass a balanced budget.

Regardless of how much money is paid to workers fired for drug use, there is a principle involved that should not be lightly considered.

Most employers have guidelines they expect their employees to follow. In many cases, these guidelines are compiled into an employee handbook. Most such handbooks include a provision that subjects an employee to immediate dismissal if tests indicate the use of illegal drugs.

Certainly most Missourians support the notion that the use of illegal drugs in the workplace is dangerous not only to the employee, but also to co-workers and perhaps even to customers or vendors who come in contact with the employee.

The issue is whether or not using illegal drugs constitutes misconduct on the job. Courts have held it doesn't, unless the drugs actually impair an employee's ability to do his job.

This is a squishy test at best. Some drugs affect individuals differently. Some employees might be able to function while using drugs, but others might place themselves and others in great jeopardy. Employers should have the right to set standards that provide the broadest protection. And they shouldn't be penalized with higher unemployment-insurance premiums as a result.