Florida Laws on Drug Testing Employees at Workplace

Under the Florida statutes, an employer can enjoy discounts on workers’ compensation if it adopts and implements and organization-wide drug-free program. Although the federal laws have minimal requirements when it comes to drug testing, this aspect of drug testing is regulated by state rules and regulations.

Like most of the other states in the U.S, Florida follows a drug-free workplace program. This testing qualifies employers for discounts on their workers’ compensation insurance premiums. However, the employers need to follow state ruling, in full, to avail the discounts.

Florida employers, pursuing a drug-free workplace, must test employees in three circumstances; when there is a reasonable suspicion of any drug use (e.g. whenever abnormal or erratic behavior is observed in an employee or when there is a report of drug use), as part of any periodic and scheduled fitness-for-duty medical checkups or whenever an employee returns to work after a rehabilitation program for drugs.

In the third case, no testing is required where the employee enters the rehab on a voluntary basis. A positive drug test is required. Employers are also allowed to conduct a random testing for drugs.

Employers conducting drug tests should notify, in writing, all the employees at least 60 days prior to implementing the policy. Employees tested positive on drug test will have five days to contest the result or to explain why they tested positive.

Furthermore, employers are not allowed to take any adverse or punitive measure against an employee tested positive for drugs initially, until the test results have been reviewed by a qualified medical officer. Florida laws also list down the procedures relating to gathering, testing and maintaining confidentiality on the specimen.

Employees who seek treatment for substance abuse on a voluntary basis cannot be disciplined, fired, asked to resign or even discriminated against others unless they have been tested positive in any drug test in the past or have sought treatment accordingly.

For employees, Florida statutes provide certain relief and protection against any drug testing policy, procedure or result deemed unfair. They can sue the employers on account of any violation of state laws and procedures committed by the employer, any discrimination attempted, invasion of privacy, defamation or disability-based discrimination.

Contact Binary Health Services today to learn more about Florida laws on drug testing and to have your drug test results reviewed by qualified and experienced medical personnel.



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