Drug testing - Florida

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 testing for job applicants, 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.

Unemployment compensation

Benefits may be denied to an applicant who tests positive on a pre-employment drug test, or to an employee who is discharged from employment following a positive, confirmed drug test.  The test must be conducted in accordance with standards set forth under Florida’s workers’ compensation law or a more stringent federal law. A positive drug test result constitutes misconduct.

Workers’ compensation

Florida workers’ compensation law denies medical and indemnity benefits if an employee tests positive for alcohol or a prohibited drug, or refuses a test, provided that the employer’s program has been implemented in accordance with the Workers’ Compensation Premium Reduction Act.

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. The act requires employers with no drug testing program to provide 60 days notice before commencing testing and employees must receive a written policy.

No employer may discharge, discipline, or discriminate against an employee on the sole basis of the employee’s first positive confirmed drug test, unless the employer has first given the employee an opportunity to participate in, at the employee’s own expense or pursuant to coverage under a health insurance plan, an employee assistance program or an alcohol and drug rehabilitation program and the employee has either refused to participate in the employee assistance program or the alcohol and drug rehabilitation program or has failed to successfully complete the program.

A special risk employee may be discharged or disciplined for the first positive confirmed drug test result when illicit drugs are confirmed. “Special risk” means employees who are required as a condition of employment to be certified under chapter 633 (firefighters) or chapter 943 (law enforcement).