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Drug-Free Workplace Policy and Program Template

Florida Drug Testing Laws and Regulations

State: Florida
Statute of Order: Fla. Stat. §440.101 et seq., §627.0915, §112.0455
Covered Employers: Private employers with 3 or more employees. Public employers with safety-sensitive and law enforcement positions
Applicant Testing: Testing authorized with advance notice to applicant; applicant's refusal to submit to test may be used as basis for not hiring.
Employee Testing: Testing authorized on reasonable suspicion of substance abuse, as part of routine fitness-for-duty exam, or as follow-up to employee's participation in counseling or rehabilitation. Written notice of testing program must be given 60 days in advance. Testing confers eligibility for certain discounts and other benefits under state's workers' compensation law. Discipline or discharge authorized for employees who test positive.
Conditions & Methods: Confirming test in case of positive findings, privacy for employee in collection of specimen, methods of collection, storage, and transportation that preclude contamination of specimen, and confidentiality of results.
Important Bulletpoints:
  • Employers who, by policy, enact a drug-free workplace program must be governed by a law that encourages voluntary programs only if they want to avail of the specific benefits that the law allows for compliant employers.
  • Employees and applicants must receive the employer’s written notice of the drug-free workplace policy prior to testing. The full text of the policy must be available and accessible for inspection. Notice of the policy must also be posted at conspicuous locations as well as included in vacancy announcements.
  • All drug testing must conform to federal rules. Confirmations must be done by a certified SAMSHA or FL-AHCA approved laboratory and must be reviewed by an assigned medical review officer.
  • Refusal to test may be grounds for adverse employment action or, for the case of job applicants, a positive test result may support an employer to refuse to hire said applicant.
  • Compliance to Florida’s voluntary program entitles employers to a 5% discount on premium for workers’ compensation.
  • Employers cannot discipline, discharge or discriminate any employee who voluntarily undergoes a drug rehabilitation program.
  • An employee who undergoes a successful drug/alcohol rehabilitation shall be reinstated to the same/equivalent position prior to the rehabilitation
  • Employers are to compensate employees, who test negative, for time spent when undergoing drug tests.
  • All drug/alcohol test results are confidential. However, the employer or laboratory conducting the drug test may access the employee’s drug test information in case of legal action is brought pertaining to this section or for his defense in civil matter.
  • Screening employees for sickle-cell trait is not permissible by law. Termination of employment or refusal to hire an applicant based on his sickle-cell trait is not permissible by law.
  • If an initial drug test result is negative, the employer may request a confirmation test at his expense.
Medical Marijuana Law:

The Compassionate Medical Cannabis Act of 2014 permitted qualified patients to have access to non-smoked, low-THC marijuana.1 With this limited scope, Amendment 2 was placed on the ballot on November 4, 2014 but was defeated despite a majority vote of 57.62% because under the Florida Constitution, a 60% supermajority vote is required for an amendment to pass. The Compassionate Medical Cannabis Act eventually took effect on January 1, 2015.

Amendment 2 aka "The Medical Marijuana Legalization Initiative" was again placed on the November 8, 2016 ballot with explicit clarifications to previously presented statements and finally passed with a 71.25% vote. It became effective on January 3, 2017. It amends the Florida Constitution Article X Section 29 (Medical Marijuana Production, Possession and Use) to allow 1) individuals with debilitating medical conditions, as determined by a licensed state physician, to use medical marijuana; and 2) caregivers to assist patients' medical use of marijuana. It also requires the Florida Department of Health to regulate marijuana production and distribution centers, and to issue identification cards for patients and caregivers.

Qualifying Medical Conditions

• Amyotrophic Lateral Sclerosis (ALS)

• Cancer

• Crohn's Disease

• Epilepsy

• Glaucoma

• HIV/AIDS

• Multiple Sclerosis

• Parkinson's Disease

• PTSD

• Other debilitating medical conditions similar to those above, as deemed qualified by a licensed state physician.

Limitations

• These amendments only apply to Florida law. Non-medical use, production or possession of marijuana remains illegal under federal law;

• No individual other than a qualified patient may use medical marijuana;

• Operating any vehicle, boat, train or aircraft is prohibited under this law.

• Use of medical marijuana in school grounds, correctional/detention facilities or places of employment is prohibited;

• Smoking marijuana in public, even for medical purposes, is prohibited.

Recreational Marijuana

"The Right of Adults to Cannabis" is an initiative designed to be included to the November 6, 2018 ballot as an initiated constitutional amendment. This measure will legalize marijuana use by adults 21 years or older.

Effects on Workplace Drug Testing

Article X Section 29 of the Florida Constitution states that, "Nothing in this section shall require any accommodation of any on-site medical use of marijuana in any correctional institution or detention facility or place of education or employment, or of smoking medical marijuana in any public place.

This amendment does not affect employers rights to keep their workplaces drug and alcohol free. Employers who do not already have an existing drug test policy are totally within their rights to build one that explicitly addresses employee marijuana use in the workplace in order to maintain employee performance, safety and productivity.

Sources:

https://ballotpedia.org/Florida_Medical_Marijuana_Legalization,_Amendment_2_(2016)

http://www.leg.state.fl.us/statutes/index.cfm?submenu=3#A10S29

https://ballotpedia.org/Florida_Recreational_Marijuana_Amendment_(2018)

For Further Reading:

http://dos.elections.myflorida.com/initiatives/fulltext/pdf/50438-3.pdf

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Material on these pages (state drug testing laws and drug testing regulations) is provided for informational purposes only and does not constitute legal, medical or technical advice. This drug testing related information is not intended as substitute for obtaining legal advice from attorney, or a relevant medical technical or financial professional. TestCountry is not a law firm or a legal agency, therefore cannot guarantee the accuracy of this content. Drug testing laws are collected from legal and/or state sources, and it may or may not be valid by the time you are viewing it. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Confirm Biosciences Inc. DBA TestCountry.

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