Drug-free workplace - Florida

Summary of differences between federal and state regulations

The federal Drug-Free Workplace Act, which applies only to federal contractors and grantees, requires adoption of Drug-Free Workplace rules to do business with the government. It neither requires nor prohibits drug testing. States are free to adopt whatever regulations they deem appropriate for public or private employers. Where states have drug testing provisions as part of their Drug-Free Workplace Acts, drug testing information is included in this section. Where states have separate drug testing provisions that are not part of a Drug-Free Workplace Act, these are covered under the section on “Drug Testing.”

The Florida Premium Reduction Act

The Florida Premium Reduction Act is a voluntary law that provides a five percent discount on workers' compensation premiums to employers who implement and maintain a certified drug-free workplace program in accordance with the standards set forth in the Act. For employers to receive the discount, the Act requires pre-employment, reasonable suspicion, routine fitness for duty, and follow-up testing. Random testing is permitted but not required. A comprehensive written policy must be implemented and 60 days notice given to employees before implementation.

Drug-Free Workplace Act

The Florida Drug-Free Workplace Act applies to public employers only.  It provides that any state agency may test certain safety-sensitive and special risk employees and job applicants for the use of drugs. The law does not require the testing of employees or applicants, but mandates that any agency which does choose to test do so in accordance with procedures outlined in the Act. The law allows for pre-employment, reasonable suspicion, routine fitness for duty, and follow-up testing.

State

Contacts

Florida Agency for Workforce Innovation

Regulations

The Florida Premium Reduction Act
Florida Statute Title XXXI, Chapter 440 – Legislative intent; drug-free workplaces and drug-free workplace program requirements (§440.101-440.102)

Also Florida Administrative Code Annotated Rule 59A-24 and Rule 69L-9.015

Florida Statute Title X, Chapter 112 – Drug-free workplace act (§112.0455)

Federal

Contacts

Drug-Free Workplace Act

U.S. Department of Labor

Drug Testing Rules

U.S. Department of Transportation

Regulations

Drug-Free Workplace Act Of 1988

United States Code at 41 U.S.C. 8101-8106

DOT Drug Testing Rules

49 CFR Part 40

49 CFR Part 382