The State of Florida has a drug free workplace program which regulated employer drug testing.  Employers in the State of Florida who establish this type of drug free workplace program can qualify for a discount on their workman’s compensation insurance premiums.  It is important for an employer to ensure that their State drug free workplace program complies with Florida Statute 440-102. 

It is important to understand that although many States have enacted medical marijuana laws, the drug is still a schedule 1 drug and illegal on the Federal level.  It is recommended that employers implement a written drug free workplace policy and have all applicants and employees review along with acknowledgement of receiving the policy. 

What are the benefits to implementing a Florida Drug free workplace policy?

• Increases productivity
• Reduce accidents
• Decrease costs due to insurance claims.
• All employees will become more aware of the importance of safety in the workplace and will benefit from a safer work environment.
• When an employee incurs a work-related injury, and refuses to take a drug test when requested, the injured employee may forfeit eligibility for workers’ compensation benefits regardless of the cause of the accident.
• An employee who loses a job or is denied employment because of a positive drug/alcohol test, may not qualify for unemployment compensation benefits.

What are the steps to become a Florida drug free workplace?

• Plan and Develop A Clear And Comprehensive Drug-Free Workplace Policy.
• 60 Notice prior to conducting any testing.
• A General Statement of the Employer’s Policy on Employee Drug Use, which must identify the following:
  1. Employer prohibition of drug use
  2. Types of tests required
  3. Actions an employer may take as a result of a positive test result
  4. The Florida Statute 440.102 which gives the Employer the Authority to Drug Test
  5. Laboratory that is licensed by the Florida Agency for Health Care Administration or certified by the U.S. Department of Health and Human Services.
  6. The name and address of the testing laboratory the employer will be using.
  7. Medical Review Officer (MRO) name and address, telephone number
  8. The MRO will be responsible for: Interpreting the drug test results, Contacting the employee if the drug test is positive.
  9. 60 days’ notice provided of the effective date of the program
  10. The date of initial testing should also be included in the policy.
• Confidentiality of all information, interviews, reports, statements, memoranda, and drug test results.
• A List of Over-The-Counter Medications Which May Alter or Affect Drug Test Results
• Consequences and Sanctions of Refusing to Submit to Drug Test
• A Listing of Employee Assistance Programs in your Local Area
• A Statement that an Employee or Job Applicant who is Notified by the MRO of a Positive Confirmed Test Result May Contest the Result to the MRO within 5 Working Days after Receiving Notification of the test Result.
• A Statement Informing the Employee or Job Applicant of His/Her Responsibility to Notify the Laboratory of any Administrative or Civil Action brought Pursuant to Section 440.102, F.S.
• The Types of Drugs for which Workers will be tested
• A Statement Regarding any Applicable Collective Bargaining Agreement or Contract and the Right to Appeal to the Public Employees Relations Commission or Applicable Court.