Florida – State Law Drug & Alcohol Testing Issues at a Glance

PocketPart40 State Laws at a Glance is a collaboration with professionals across the workplace drug testing industry to provide a free resource on workplace drug testing laws, regulations, legislation, issues of interest and significant case authority. See disclaimer below.

1) Summary

All types of testing with no restrictions; All testing procedures with no specific requirements.

2) Workers Compensation Voluntary Premium Reduction State (if yes see below)

Yes

3) Employers Covered by Federal Drug Free Workplace Act

Yes

4) State Constitution Privacy Provision

Yes

5) Penalties and Remedies for Employer Non-Compliance

Yes

6) Significant Testing Restrictions

No

7) Disability Coverage

No

8) Drug and Alcohol Testing Restrictions

No

9) Worker’s Compensation Disqualification Laws

Yes

10) Unemployment Compensation Disqualification Laws

Yes

11) Alcohol Cut-off Levels

.02

12) Substances Allowed for Testing

Amphetamines, cannabinoids, cocaine, PCP, methaqualone, opiates, barbiturates, benzodiazepines, methadone, propoxyphene

· Substances Cut-off Levels

Amphetamines  1000/500, Cannabinoids 50/15,  Cocaine 300/150, PCP 25/25, Methaqualone 300/150, Opiates 300/300, Barbiturates 300/150, Benzodiazepines 300/150, Methadone 300/150, Propoxyphene 300/150

13) Drug Specimen Types

Urine, blood, hair

14) Types of Drug Testing and Restrictions

· Pre Employment

Required under Workers’ Compensation Premium Reduction Law

· Reasonable Cause

Required under Workers’ Compensation Premium Reduction Law

· Random

Required under Workers’ Compensation Premium Reduction Law

· Post Accident

Required under Workers’ Compensation Premium Reduction Law

· Follow-up Testing

Required under Workers’ Compensation Premium Reduction Law

15) Restrictions on Types of Workplace Drug Tests

16) Collection Procedures

· Generally

· Observed Collections

If reasonable cause exists that individual tampered with specimen

· Split Specimen

Not Specified

17) Drug Testing Falsification Law

Yes

18) Point-of-Collection Device

· Urine

· Oral Fluids

19) Safety-Sensitive Restriction

.02 for alcohol

20) Laboratory Based Testing

· Laboratory Certifications

Licensed by Florida Agency for Health Care or HHS

· Oral Fluids

Allowed

· Hair Testing

Allowed

21) Notification of Test Results

Yes in writing after 5 days of receipt of positive

22) Rehabilitation Requirements

Florida employers have to explain any EAP or other assistance available to employees.  If the employer does not have an EAP, it must post the names of EAP providers in the area.

23) Retest Required

Yes

24) Wage Payment Requirements

Employers Responsibility

25) Disciplinary Action Restriction

26) State CDL DMV Reporting

27) State Medical Marijuana Laws

No

28) Union Agreements

29) Unique to State Issues

30) State Enforcement Agency

31) Web Resources

32) Significant Case Authority

33) Workers Compensation Premium Reduction Statute Citation

· Amount of Premium Reduction

Not Specified

· Written Drug Testing Policy Requirements

1.  A general statement regarding drug use.  2. The types of testing and actions the employer may take based on a confirmed test.  3. Statement regarding the existence of the Act.  4.  a confidentiality statement.  5 statement regarding the procedures for confidentiality reporting the use of prescription or non prescription medication prior and following a drug test.  6. A list of drugs by common name that may alter or affect a drug test.  7. A statement explaining the availability of any EAP or other means of assistance.  8. Procedure for the employee to contest or explain a positive test.  9. Consequences of refusing to submit to a test.  10.  A statement informing the employee of his or her responsibility to notify laboratory of administrative or civil actions.  11. a list of drug for which the employer will test.  12. A statement informing employees of their rights under any applicable collective bargaining agreements.  13. A statement notifying employees and applicants of their rights to consult with the laboratory for technical information. 

· Specifies Testing Circumstances

· Specimen Type and Panels

Urine, blood, hair, and other body specimens; 10 Panel

· Who Pays for Testing Costs

Employer

· Timing of Testing

· Laboratory Requirements Generally

Must be licensed and approved by Florida’s Agency for Health Care Administration or HHS- Certified may perform tests.

· Training Requirements

Not Specified

· Collection Procedure Required

A sample shall be collected with due regard to the privacy of the individual providing the sample, and in a manner reasonably calculated to prevent substitution or contamination of the sample. (b) Specimen collection must be documented, and the documentation procedures shall include: 1. Labeling of specimen containers so as to reasonably preclude the likelihood of erroneous identification of test results. 2. A form for the employee or job applicant to provide any information he or she considers relevant to the test, including identification of currently or recently used prescription or nonprescription medication or other relevant medical information. The form must provide notice of the most common medications by brand name or common name, as applicable, as well as by chemical name, which may alter or affect a drug test. The providing of information shall not preclude the administration of the drug test, but shall be taken into account in interpreting any positive confirmed test result. (c) Specimen collection, storage, and transportation to the testing site shall be performed in a manner that reasonably precludes contamination or adulteration of specimens. (d) Each initial drug test and confirmation test conducted under this section, not including the taking or collecting of a specimen to be tested, shall be conducted by a licensed or certified laboratory as described in subsection (9). (e) A specimen for a drug test may be taken or collected by any of the following persons: 1. A physician, a physician assistant, a registered professional nurse, a licensed practical nurse, or a nurse practitioner or a certified paramedic who is present at the scene of an accident for the purpose of rendering emergency medical service or treatment

· MRO Review Requirements

Must confirm all results

· Positive Result Notification Requirements

In writing within 5 days

· Confidentiality Requirements

All information received in testing program is considered confidential.

· EAP Requirements

· SAP Requirements

· Recordkeeping Requirements

· Re-Testing Required

Yes

· Employee Opportunity to Explain

Within 5 day of receiving a positive test may submit a written explanation contesting results

· Application Submission to State

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This blog is for educational purposes only and does not constitute legal advice. "No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers."

PocketPart40 Editors:

Tommy Eden is a management labor & employment law attorney with Constangy, Brooks & Smith, LLP who is licensed to practice in Alabama and Georgia.
teden@constangy.com or call 334-241-8030

Dr. C.B. Thuss, Jr. is a Certified Medical Review Officer. cthuss@gmail.com or 205-283-1040

Mary Hines is past president of SAPAA and owner of Simple Path training and compliance solutions. maryhines@gmail.com or 214-697-1249 

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