Drug and Alcohol Testing in Florida
Florida's drug-testing law is contained within its workers' compensation law — a law covering employers of four or more, except in the construction industry where the law covers employers of one or more. Under the law employers may voluntarily implement drug-free workplace programs designed to lessen the frequency and severity of work-related injuries. If an employer implements a drug-free workplace program that includes notice, education and testing for drugs and alcohol following the rules for testing developed by the Workers' Compensation Division, the employer may require that an employee submit to a test for the presence of drugs or alcohol and, if a drug or alcohol is found to be present in the employee's system at (or above) a level prescribed by law, the employee may be terminated and forfeits eligibility for medical and indemnity benefits. In addition, the employer is eligible for reduced workers' compensation rates.
To qualify for reduced rates, an employer's policy must provide for testing of all job applicants, reasonable suspicion drug tests, and follow-up-tests for those participating in employee assistance programs unless the employee voluntarily entered the program. It may also provide for routine fitness-for-duty medical exams, including drug testing. A private employer may conduct random testing, or any other lawful testing, of employees for drugs.
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