In 1990, the Florida Legislature enacted a State law titled “Florida Drug Free Workplace” F.S 112.0455. This law provided specific requirements which an employer must comply with to be certified as a Florida Drug Free Workplace. The law also provided incentives and benefits for employers who are certified as a Florida Drug Free Workplace. The State of Florida through this law encourages employers to drug test employees and promotes a Drug Free Workplace environment.
How To Become A Florida Drug Free Workplace?
Coastal Drug Testing provides full compliance with Florida’s Drug Free Workplace Act, for an employer to be certified as a Florida Drug Free Workplace. To be certified, the business must implement and maintain all requirements of the Florida Drug Free Workplace law.
In addition to providing all of the services needed to comply as a Florida Drug Free Workplace, Coastal Drug Testing has drug testing centers in all Florida cities.
The State of Florida encourages all businesses regardless of size to be a Florida Drug Free Workplace and compliance with all requirements of the Florida Drug Free Workplace Program and can provide many benefits for a Florida employer.
Benefits of a Florida Drug Free Workplace include
|· Reduction in employee absenteeism||· Reduction of employee theft|
|· Improved employee morale||· Dedicated employees|
|· Enhance customer service||· Reduction in health care cost|
|· Reduction in work related accidents||· Workers compensation discount|
Additional Benefits For The Employer
When an employee has a positive test result which violates the employers Drug Free Workplace Policy, the State of Florida provides the employer a defense in a Workers Compensation or unemployment compensation claim.
Florida Statute 440.102 provides that medical and indemnity benefits are forfeited, and an employee may be discharged for testing positive for alcohol or a prohibited drug, or refuses to test, provided the employer has a program in compliance with the Workers’ Compensation Premium Reduction Act.
Benefits denied if injury caused primarily by employee’s intoxication or use of drugs not prescribed by a physician. If employer does not have a certified program, an injured employee’s positive test or refusal to test creates a rebuttable presumption that the injury was caused primarily by the impairment, unless the employer has actual knowledge of and acquiesced while employee was under the influence. Fla. Stat. §440.09(Supp. 2006). In other words, if drugs are found in the employees system-that employee may not be entitles to workers compensation benefits under Florida Law.
Also, unemployment compensation benefits may be denied to a rejected applicant or discharged employee who tests positive on drug-test, which if part of a drug-free workplace program pursuant to the Worker’s Compensation Premium Reduction Act or equivalent standard established by federal law or regulation creates a rebuttable presumption that applicant or employee used controlled substances. Fla. Stat. Ann §443.101 (2005)
Florida companies that qualify as a Florida Drug Free Workplace can receive a 5% discount on the workers compensation insurance policy, if the employer has properly implemented and continuously maintains all of the regulatory requirements of the Florida Drug Free Workplace Program
Florida Drug Free Workplace requirements include
- A written drug and alcohol policy (distributed and acknowledged by all employees)
- 60 day testing commencement notification to employees
- Supervisor training (reasonable suspicion)
- Employee drug and alcohol testing program
- Employee Assistance Program (EAP)
- Drug testing must be conducted by a certified laboratory
- Drug test results must be verified by a Medical Review Officer
- Completion of a Florida Drug Free Workplace application (workers compensation credit)
To Review The Florida Drug Free Workplace Law – Click Here
The Florida Drug Free Workplace statute requires an employer to conduct pre-employment, reasonable suspicion and post-accident drug testing, random drug testing is optional.
Employers who do conduct random drug and alcohol testing must ensure that the company’s drug and alcohol policy state that random drug testing will be conducted. Random drug testing selection must be conducted in an impartial manner utilizing a random selection program which is administered by a computer program or other neutral process.