Miami Workplace Drug-Free Policy Lawyer

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

Additionally, in order to implement a drug-free workplace program that complies with Florida law, an employer is required to perform the following types of drug tests:

  • Job applicant drug testing
  • Reasonable-suspicion drug testing
  • Routine fitness-for-duty drug testing if an employer is testing a particular employment classification or group as part of a routinely scheduled employee fitness-for-duty medical examination pursuant to an established policy
  • Follow-up drug testing after an employee enters an employee assistance program for drug-related problems or a drug rehabilitation program. If follow-up drug testing is required, it must be conducted at least once a year for a 2-year period after completion of the program. Advanced notice of a follow-up testing date should not be given to the employee to be tested

A compliant drug-free workplace program must also specify specimen collection procedures, processes for confirmation testing, confidentiality requirements, and other provisions. Contact the experienced attorneys at BT Law Group for assistance with preparing and adopting a legally compliant drug-free workplace policy.

Show More
Show Less

Get help now

Talk to a lawyer now

This field is for validation purposes and should be left unchanged.

Our Process

As a first step, your assigned legal team will gather and review records related to your claim, including any employment contract or offer letter, time sheets, any relevant communications, and any disciplinary actions, including performance improvement plans or termination paperwork.

These documents will help your attorneys evaluate your claims and develop a strategy to obtain the best results for your situation.


Once your legal team completes the initial investigation, they will work with you to determine the best legal strategy for your situation. Your legal team will make recommendations and will work with you to formulate the most effective approach to obtain your desired outcome.


After you and your legal team formulate the strategy, your legal team will advocate on your behalf to obtain your desired outcome. This could include negotiating a separation package, engaging in pre-suit negotiations, sending a demand letter, and/or filing a charge of discrimination or lawsuit on your behalf.

The attorneys at BT Law are experienced trial lawyers and will advocate for your rights in the courtroom as necessary.


Jason and Anisley are one of the best decisions someone can make given the situation. They are knowledgeable, transparent, proactive and communicate with their clients. I have dealt with other attorneys in the past and I’m always frustrated because you don’t get information or you have to chase the attorney and staff down that’s not the case with them.

In finding the right lawyers to represent you, you want to have mutual respect and understanding for each other and clear communication to achieve your goals. BT Law Group is just that. They not only represented me to their fullest abilities, but went above and beyond to truly understand my goals and priorities and provide sound legal advice to achieve such. It was a pleasure working with both Anisley and Jason, I’d highly recommend them.

We very much enjoyed BT Law Group’s founding partner, Anisley Tarragona service and attention to detail. From the onset her approach was practical and conscious of providing the best legal advice while being mindful of suggesting cost effective, conservative solutions. We find her to be a great business partner to service all our employment related legal needs.

I received a prompt and very professional service by the BT Law Group. Ms Tarragona provides tailored advice in the best interest of the client. She was meticulous and explained the pros and cons of my case in very simple terms which allowed me to consider and take the best decision. Very happy with the service. Highly recommended.

Absolutely wonderful and professional services. Represented my mom in a caring and personalized manner. Knowledgeable and ethical. Thank you!

I always consult BT Law Group for employment law matters. They are responsive, practical and efficient. I recommend them to colleagues and friends.

Trusted advisors
Jason D. Berkowitz is a Founding Partner of BT Law Group, PLLC. Prior to starting BT Law, Mr. Berkowitz was a Partner in the Miami office of a national labor and employment law firm where he represented management exclusively.
Anisley Tarragona is a founding partner of BT Law Group, PLLC. Prior to starting BT Law, Ms. Tarragona worked in the Miami office of a national labor and employment law firm where she represented management exclusively. Ms. Tarragona, who was born and raised in Cuba, is fluent in Spanish.