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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 Florida Cathy Jordan Medical Cannabis Act stipulates the authorization of qualified medical patients to possess and use medical cannabis, and use pertinent paraphernalia for such purpose. This act calls for the patient’s caregiver to present identification cards to verify that the patient is authorized to possess/use/administer medical cannabis. Sen. Jeff Clemens and Rep. Katie Edwards filed HB1139 and SB1250 (otherwise known as the Cathy Jordan Medical Cannabis Act). This Act would have spared very ill Floridians from criminal persecution for using medical marijuana as recommended by their doctors. However, the Florida Legislature adjourned their session on May 3, 2013 without even discussing the medical marijuana legislation. Therefore, medical marijuana is still illegal in Florida as the legislation failed.
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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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