Employers in Florida may be eligible for a workers’ compensation discount if they implement a drug-free workplace policy.
If your Florida employer or a potential employer has requested you to submit to a drug test, you should be aware of your legal options. Employer drug testing is subject to minimal restrictions under federal law: Although the federal government compels employers to conduct drug tests in a select safety-sensitive areas (such as transportation, aviation, and contractors with NASA and the Department of Defense), federal law does not mandate – or ban – drug tests in other industries. This region is mostly governed by state and local regulations.
Florida, like many other states, has a drug-free workplace policy that regulates drug testing. Employers that implement such a program may be eligible for a reduction in their workers’ compensation insurance rates. To get their discount, companies must fulfill the state’s requirements. Employers in Florida must conduct tests under specified conditions and follow particular processes to safeguard employee and applicant rights.
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Rules for Job Seekers in Florida
Employers in Florida with a drug-free workplace policy are obligated to drug test candidates who have received a conditional job offer. If an employer needs candidates to take a test, it must publish a notice about the testing requirement in its job announcements or advertisements.
Florida Employee Regulations
Employers in Florida that have a drug-free workplace policy must test workers in the following situations:
on reasonable suspicion of drug use (observable phenomena, erratic or aberrant conduct, or an allegation of drug use) as part of a regularly scheduled fitness-for-duty medical examination, and when the employee returns to work after rehabilitation for a positive drug test. If the employee attended rehab willingly rather than as a result of a positive drug test, testing is not necessary.
Employers may also undertake random drug testing.
Employees’ Notice and Procedural Rights
An employer that performs drug testing must provide workers with written notice of the policy at least 60 days in advance. Employees who test positive have five days to challenge or explain the outcome. An employer may not take adverse personnel action based on a preliminary positive result that has not been confirmed by a confirmation test and a medical review officer. Employers are also required by state law to follow certain protocols for collecting specimens, testing, protecting confidentiality, and so on.
Employees who seek treatment for drug misuse willingly cannot be dismissed, punished, or discriminated against unless they have previously tested positive or been in treatment.
Legal Claims Relating to Drug Testing
Have you ever been wrongfully requested or forced to undergo a drug test? Employees and candidates may have legal claims depending on how the test was done, who was tested, or how the findings were utilized, even though Florida law enables employers to drug test. Here are a few such examples:
State laws and procedures have been violated. Although an employer has the legal authority to test, it must follow the rules of the state. A Florida employer that fails to give the requisite notice of its testing policy or fails to follow statutory procedural rights (for example, by neglecting to perform a confirmation test after an initial positive result) may suffer legal consequences.
Discrimination based on disability. The Americans with Disabilities Act protects an applicant or employee who is taking medicine for a disability (ADA). Some authorized pharmaceuticals show up on drug tests, whereas some illicit substances (such as opiates) are properly prescribed for specific ailments. If an application is denied due to a positive drug test and the applicant’s prescription was lawfully prescribed for a handicap, the employer may be held accountable.
Other charges of discrimination. An employer that targets certain categories of workers for drug testing, such as by color, age, or gender, may face a discrimination lawsuit.
Invasion of one’s privacy. Even if an employer is permitted or obligated to test, the manner in which the exam is conducted may breach employee privacy. For example, compelling workers to disrobe or produce a urine sample in front of others may be a breach of their privacy.
Defamation. If the employer publicizes that the employee tested positive and the employer has cause to believe that the test is inaccurate, the employee may have a legitimate claim for defamation. For example, if a retest revealed that the initial test was a false positive, or if the employee has challenged the original test, the employer may be accountable for disclosing the positive test findings to individuals who do not have a need to know.