You have been given the task of formulating a drug testing policy for Roosevelt Memorial Hospital. For a long time, the Hospital has resisted an industry-wide trend to rigorous drug testing of employees. That time is apparently coming to an end. An intern at Roosevelt made a fatal mistake with a patient’s medication. This was the culmination of a pattern of erratic behavior on the intern’s part, and it was determined that he was a heavy meth user. Local media have picked up this story, with resulting major legal troubles for the hospital, not to mention acute embarrassment.
So it is your job to formulate and justify a policy for drug testing. Questions abound. Which employees are to be tested: medical, clerical, custodial, managerial? Should all employees be tested? Should the testing involve only applicants for employment, or should current employees be subject to regular or random testing? What should the personnel department do when a drug test for someone comes back positive? Should the testing use samples of urine, saliva or hair? Should the testing apply to all illegal drugs? (For the record, Roosevelt is not located in a state where marijuana has been legalized.)
Most fundamentally, the question you have to answer is whether there is some alternative to an intrusive and expensive policy of drug testing.
Your report should set forth and justify the Hospital’s new policy. As you research this issue, you will find much relevant material on the internet. You will find websites of companies that promise effective and economical drug testing, and you will find websites of companies that promise to give you the means to beat any drug test. Here is one survey of the situation you might want to look at:
Law Principles in Business Company Formation Disclaimer: This work has been presented by an understudy. This isn't a case of the work composed by our expert scholastic essayists. You can see tests of our expert work here. Any sentiments, discoveries, ends or proposals communicated in this material are those of the writers and don't really mirror the perspectives of UK Essays. Distributed: Fri, 15 Jun 2018 Presentation In a cutting edge industrialist showcase economy, organizations are a well-known piece of regular day to day existence. Organizations possess grocery stores, supply gas, nourishments, beverages, power and items we are relying upon. As we as a whole know in Malaysia there are distinctive sorts of business elements. Neighborhood or outside speculators are coming to Malaysia to begin a business. Additionally, organization has been characterized as three formal business substances revenue driven which might be an enterprise, an association, affiliation or sole proprietorship. Nonetheless, typically are individuals thinking the term of "organization" implies the business is consolidated, however that isn't valid. Indeed, a partnership generally should utilize a few. With the end goal to join an organization, there are two phases that we need to experience, which are, pre-consolidation and post fuse. In the pre joining stage, the advertiser is dependable to carry the organization into the lawful presence and guarantee its effective running, and with the end goal to achieve the commitment he or she may go into some agreement in the interest of forthcoming organization. Advertisers are the people engaged with arrangement of an organization. They will embrace the activity to get ready important records and do other critical works with the end goal to enlist the organization. The standards of law identifying with the arrangement of an organization There are different types of business associations working in some random economy. The business structure being used can be characterized by the legitimate system under which it works. In this way, the tenets connected to these substances are unique. A portion of the sorts of business frames incorporate Partnerships, Sole Proprietorships, and Corporations. Different structures may incorporate elements set up not to make a benefit but rather in some cases to serve the network. Joining is the point at which a business choice is made to shape another legitimate substance which is perceived by law to either attempt a not revenue driven business or revenue driven business. The way toward framing of an organization can be partitioned into four particular stages, for example, advancement, enlistment or joining, capital membership and initiation of business. As a rule, advancement is the principal arrange in the development of an organization. It alludes to the whole procedure by which an organization is brought into reality. It begins with the conceptualization of the birth an organization and assurance of the reason for which it is to be shaped. A privately owned business as its name suggests can't offer its offers to the overall population. The following type of consolidation is a Private Company constrained by certification. This type of joining will have no offer capital. Under the Companies Act, an organization can't be restricted by assurance on the off chance that it has an offer capital. This type of fuse is likewise constrained by offers. It might be alluded to as the inverse of a privately owned business restricted by offers. This is on the grounds that it has an offer capital and limits the obligation of its individuals to the sum unpaid on their offers. The offers held in such organizations can be exchanged the capital market in accordance with posting rules. SEPARATE LEGAL PERSONALITY The standard of discrete corporate identity has been immovably settled in the customary law since the choice on account of Salomon v Salomon and Co Ltd, whereby an enterprise has a different legitimate identity, rights and commitments absolutely unmistakable from those of its investors. Corporate identity is a custom-based law rule that allows an organization a lawful character, separate from the individuals who include it. Then again, it pursues that the property of an organization has a place with that organization, obligations of the organization must be fulfilled from the benefits of that organization, and the organization has interminable progression until twisted up. At the point when an organization gets a declaration of joining it naturally be a 'separate legitimate identity'. In law when the organization turns into a lawful individual it implies its very own right. This basically implies on the off chance that one starts business as a constrained risk organization, at that point the partnership or organization is a legitimate substance with particular lawful identity separate to that of the proprietors, individuals, or investors. This is known as the idea of legitimate identity. The 'shroud of consolidation' can be depicted similar to the partition between an organization and its individuals. Because of the different legitimate status of an organization from its individuals this is generally entirely kept up. Notwithstanding, there are sure conditions when the courts will deny the general population who run the organization the benefit of taking cover behind the corporate cloak. In these occurrences the cover of consolidation is said to be 'lifted', the hindrance between an organization and its individuals is expelled so there is no lawful detachment between them. There examples are notwithstanding, hard to foresee as the reasons rely upon the judges understanding of "decency" or "approach" or of how a specific resolution ought to be translated. In the main instance of Salomon v Salomon and Co Ltd, Salomon consolidated his boot and shoe repair business, exchanging it to an organization. In light of the instances of Mr. Salomon is the point at which he was maintained a boot producing business as a sole merchant. He and his family were investors and after that he sold the business to the organization. Be that as it may, the organization paid piece of the price tag to Salomon and consented to pay the rest of time. To anchor its commitment to pay, the organization gave Salomon security over its benefits as organization charge. Impact of the charge, the organization's advantages must be utilized to fork over the required funds previously they could connected to pay out the organization's other unbound as MD. Lamentably, the organization's business fizzled, the estimation of benefits was lacking to pay both Salomon and the organization's different loan bosses. Notwithstanding, the lender contended that Salomon ought not get the advantages of charge, in light of the fact that the degree if control practiced over the organization implied it ought to be treated just like his specialist or trustee for Salomon in the direct of the business. Ultimately, the charge given by the organization to Salomon was substantial and he was qualified for be paid his obligation despite the fact that different lenders would not be paid on account of lacking resources. This is on the grounds that Salomon was not by and by subject and the organization was treated as working the business in its very own correct which is discrete from its controller. End The law as it is under the English organization law will rather credit the rule of independent lawful identity to a constrained risk organization similar to the case on account of Salomon v Salomon than apply the teaching of lifting the cover. Anyway the law will be prepared to pursue a man who exploits the guideline of the case in Salomon v Salomon to act in a fake or unspeakable way. It is the aim of the law is to make equity and decency as it confirm in both statutory arrangement and legal choices. Anyway the guideline of isolated legitimate identity accompanies it some dubiousness particularly when one takes a gander at the special cases which accompany the standard. It is in this manner important that something is done to diminish if conceivable dispense with such unclearness.>GET ANSWER