Although not legally required in most instances, many employers mandate a drug-free workplace. Not only is a drug-free workplace generally good for business, employers who implement a drug-free workplace which complies with the mandates of Fla. Stat. § 440.101 et seq. could receive a discount on their workers’ compensation insurance premium. If an employer implements a drug-free workplace program, it must meet notice, education, and procedural requirements for testing for drugs and alcohol.
With respect to proper notice, Florida law imposes specific requirements. Prior to testing, an employer must give employees and job applicants a written policy that contains, among other things:
- A statement identifying the types of drug testing an employee or job applicant may be required to submit to
- A general statement of confidentiality
- Procedures for employees and job applicants to confidentially report to a medical review officer (or, “MRO”) the use of prescription or nonprescription medications
- A list of common medications, by brand name or common name, as well as the chemical name, which may impact the drug testing
- The consequences of refusing to submit to a drug test
- A sampling of employee assistance programs and local drug rehabilitation programs
- The process for an employee or job applicant to contest the positive results of a drug test
- A list of the drugs that the employer is testing
