10 Things to Know About Workplace Drug Testing State Laws and Regulations in Florida

1) State Laws on Drug Testing

If an employer plans on taking part in the workers’ compensation program there should be a drug-testing program in place. In addition there are certain employees that must undergo mandatory drug testing depending on their job function.

2) Types of Drugs

There are 10 drugs that the state allows a company to test for. These drugs include:

-amphetamines

-cocaine

-marijuana

-methadone

-PCP

-barbiturates

-opiates

-propoxyphene

-benzodiazpines

-metabolites of the above drugs

3) Policy Disclosure

All job postings must include notice that the employer does conduct drug testing on its employees. In addition the job advertisement should let the potential candidate know testing will be conducted as part of the hiring process. In addition the policy must be posted where all employees can see it.

4) The Written Policy

Florida law requires employers to have a written policy. This policy must be provided to each employee. The policy must state the following:

-The employer must provide a policy statement outlining the general guidelines on drug testing and drug abuse.

-The employer must include the circumstances under which a drug test will be required.

-The employer must disclose the drug testing methods it uses as well as the drugs it tests for.

-The employer must disclose the consequences of a positive test and the options the employee has to contest the results.

-The employer must inform the employee of its policy on confidentiality as pertains to the employees ability to inform the employer of drugs being used, either prescription or over the counter prior to testing or after being tested for drugs or alcohol.

-The employer must disclose those medication that could result in a false positive on a drug test.

-The employer must disclose the consequences when an employee refuses to have a drug test

-The employer must provide information of any drug and alcohol assistance programs available to the employee.

-The employer must provide the employee with notification of the right to contact a medical review officer to learn about medications.

-The employer must give 60 days notice if they plan on drug testing.

5) Types of Drug Test

When a sample is collected for drug testing the state requires it be divided so the employee has the opportunity for re-testing in case of a positive result. Urine, blood and hair samples are the required methods of drug testing in Florida.

6) Paying for Drug Tests

The employer is required to pay for all laboratory and drug testing fees for the initial test. However a re-test or drug treatment program may be paid by the employee.

7) Where Can Drug Tests Be Done?

Employers must follow federal laws to determine where they send employees for drug testing. The testing must be reviewed by a SAMHSA or lab that is condoned by the FLAHCA.

8) Mandatory Testing

Mandatory drug testing must be done for the following workers:

-construction contractors

-electrical contractor

-security system contractor

-those building academic buildings (per chapter 1013), public or private buildings (per chapter 255) and prisons and jails (per chapter 944)

-drivers of school buses

9) When Can Drug Testing Be Done?

Per Florida statute drug testing can be a contingency of hire and should a potential employee refuse to partake in the drug testing the job offer can be withdrawn. Florida law also states if an employee is suspected of abusing drugs or alcohol and employer can demand a mandatory drug test. Drug testing can be required as part of a standard medical evaluation for those jobs requiring regular fitness testing. Drug testing must also be done by an employer once an employee finishes a drug or alcohol rehab treatment program. The testing can be random and continue for up to 2 years after treatment is completed.

10) Testing Positive

A medical review officer must confirm all positive tests. There are no mandatory state required consequences. It is up to the employer how to follow up on positive tests. A positive test however, could prevent the employee form getting unemployment compensation.