Changes to Florida Drug Testing Laws

Under federal law, marijuana is considered an illegal drug. However, since many states have legalized the drug for medicinal and recreational purposes, it has become challenging for employers to maintain a balance between federal and state regulations. Many places of work here in Florida have decided to institute drug testing protocols and follow a zero-tolerance policy. Providing a safe work environment while also protecting employees’ rights is imperative.

If you work in a private company, know that Florida drug testing laws do not mandate employers to test their workers for drugs. And, if the employer does conduct drug testing, they must follow certain rules and procedures. Here are some of the Florida drug testing laws you should be aware of.

Florida Encourages a Drug-Free Workplace by Offering Incentives

Florida encourages employers to adopt a drug-free workplace plan and conduct drug testing. If your employer fulfills a set of criteria, the state awards them Workers’ Compensation Drug-Free Workplace status. Once they get this certification, employers can avail of discounts on their worker’s compensation insurance premiums. Companies must provide a notice in job ads alerting applicants to the drug test requirement. When applying for the job, you’ll know if the application process requires you to get tested. Do keep in mind that even if you legally possess a medical marijuana card, employers have the right to refuse to offer you a job on the basis of drug test results. As the expert criminal defense attorneys at Smith & Eulo will advise you, terminating employment on the basis of a drug test does not legally qualify as discrimination. 

Employers Must Follow Certain Protocols for Conducting Tests

If your employer intends to conduct drug testing, you can expect to receive a notice at least 60 days in advance. In case you do test positive, the law allows you a period of 5 days to contest the results or explain your situation. If the first test is positive, Florida Drug Testing Laws require the employer to conduct a second confirmation test and get verification from a certified medical professional. Only then can any action be taken against you. Further, rest assured that your employer will be required to maintain confidentiality, and must follow certain procedures for collecting and testing specimens that also ensure your privacy. 

Testing for “Drugs” Doesn’t Just Mean Marijuana

Many people assume that Florida Drug Testing Laws only pertain to marijuana. However, know that the term “drugs” is a comprehensive term and includes all substances that have been flagged as potentially affecting work performance or threatening to endanger the safety of you and your coworkers. Here’s a list of the possible tests:

  • Synthetic narcotics
  • Phencyclidine (PCP)
  • Hallucinogens
  • Cocaine
  • Cannabinoids
  • Amphetamine
  • Methaqualone
  • Opiates
  • Barbiturates
  • Designer drugs
  • Benzodiazepines
  • Any intoxicating alcohol, including beer, wine, and liquor 

Employers Can Conduct Follow-Up Tests in Specific Situations

Your employer can choose to conduct a test under “reasonable suspicion” of illegal drug use. For instance, if employees have been displaying erratic or unusual behavior. Or, if workers have been spotted using drugs, they might have to get tested. Employers can also choose to conduct random testing in support of their zero-tolerance policy. 

Some workplaces ask any staff members returning to work after an absence to undergo a medical examination. As part of this evaluation, they might have to take a drug test. 

Oftentimes, employees may voluntarily choose to enter into a rehabilitation program after a positive drug test. On returning to work, the employee need not get tested. You could also be taking certain prescription drugs for a disability that could result in a positive result. The Americans with Disabilities Act (ADA) protects your job from the consequences of drugs showing up in your specimen. If you are taking a prescription that is flagged by a drug test, you will need to show proof of your script. 

If you’re not quite sure of your rights and need legal representation, get in touch with us and we’ll provide any information you need. 

If you or your loved one are in need of information on Changes to Drug Testing Laws, call us at 407-930-8912 to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and payment plans. In addition to our Orlando location, we have offices in the following cities across the state of Florida:

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