employees. Ethical Issues: Because of the fairly simple ways that an employee can invalidate the test, drug testing must be strictly monitored. This means that the specimen must be observed leaving the body. Many legal objections currently being raised in the courts about drug testing are pointing to legal requirements of prior notice, consent, due process, and cause. Wrong focus: As has been shown with Employee Assistance Programs, the focus of management concern should be on work performance decline. Buon suggests effective management practices are an infinitely better approach to managing workplace alcohol and other drug issues. Tony Buon has also reported by the CIPD as stating that "drug testing captures the stupid—experienced drug users know how to beat the tests". From a penological standpoint, one purpose of drug testing is to help classify the people taking the drug test within risk groups so that those who pose more of a danger to the public can be incapacitated through incarceration or other restrictions on liberty. Thus, the drug testing serves a crime control purpose even if there is no expectation of rehabilitating the drug user through treatment, deterring drug use through sanctions, or sending a message that drug use is a deviant behavior that will not be tolerated. United Kingdom A study in 2004 by the Independent Inquiry into Drug Testing at Work found that attempts by employers to force employees to take drug tests could potentially be challenged as a violation of privacy under the Human Rights Act 1998 and Article 8 of the European Convention of Human Rights. However, this does not apply to industries where drug testing is a matter of personal and public safety or security rather than productivity. United States In consultation with Dr. Carlton Turner, President Ronald Reagan issued Executive Order 12564. In doing so, he instituted mandatory drug-testing for all safety-sensitive executive-level and civil-service Federal employees. This was challenged in the courts by the National Treasury Employees Union. In 1988, this challenge was considered by the US Supreme Court. A similar challenge resulted in the Court extending the drug-free workplace concept to the private sector. These decisions were then incorporated into the White House Drug Control Strategy directive issued by President George H.W. Bush in 1989. All defendants serving on federal probation or federal supervised release are required to submit to at least three drug tests. Failing a drug test can be construed