Drug-Free Workplace

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.

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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.