Florida Drug Laws
We are going to explore two aspects of Florida drug laws and the information necessary to learn how to pass a drug test in Florida.
Learning The Basics Of Florida Drug Laws.
First, we are not attorneys and can not provide specific advice on the Florida Drug Laws. It is very important you seek professional advice skilled with legal advice that is familiar with the ins and outs of local Florida drug laws.
Second, for those of you who are concerned with those Florida Drug Laws being applied to you, we offer information on the major just four major drug tests one might be facing in Florida.
There Are Four Major Drug Tests Given In Florida.
Each drug test has its own specific strengths you must avoid and weakness in which one can take advantage. What you learn here could make the difference between failing and passing a drug test in Florida.
Rules for Florida Job Applicants.
Florida employers who have a drug-free workplace program are required to drug test applicants who have received a conditional offer of employment. If an employer requires applicants to take a test, it must include a notice in its job announcements or ads regarding the testing requirement.
Rules for Florida Employees.
Florida employers with a drug-free workplace program must test employees in the following circumstances:
- on reasonable suspicion of drug use (reasons for suspicion include observable phenomena, erratic or abnormal behavior, or a report of drug use)
- as part of a routinely scheduled fitness-for-duty medical examination, and
- after the employee returns to work following rehabilitation for a positive drug test. Testing is not required if the employee entered rehab voluntarily, rather than after a positive drug test.
In addition, employers may conduct random drug testing.
Notice and Procedural Rights for Employees In Florida.
An employer that conducts drug testing must give its policy to employees in writing, and employees must have at least 60 days’ notice of the policy. Employees who test positive have five days to contest or explain the result. An employer may not take any adverse personnel action on the basis of an initial positive result that has not been verified by a confirmation test and a medical review officer. State laws also require employers to use certain procedures for gathering specimens, testing, maintaining confidentiality, and so on.
Employees who voluntarily seek treatment for substance abuse cannot be fired, disciplined, or discriminated against unless they have tested positive or been in treatment in the past.
Legal Claims Arising From Drug Testing.
Have you been illegally asked or required to take a drug test in Florida? Even though Florida Drug Laws allow an employer to drug test, many employees and might may have legal claims based on how the test was conducted, who was tested or how the results were used.
Here are some examples:
- Violation of Florida Drug Laws And Procedures. Although an employer has the legal right to test, it must follow the state’s requirements. An Florida employer that doesn’t provide the required notice of its testing policy or observe state procedural rights (for example, by failing to conduct a confirmation test after an initial positive result or by allowing unauthorized personnel to perform the test) could face legal problems.
- Disability Discrimination. An applicant or employee who is taking medication for a disability is protected by the Americans with Disabilities Act (ADA). Some prescribed medications turn up on drug tests and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions. If an applicant is turned down because of a positive drug test and the applicant’s medication was legally prescribed for a disability, the company could be liable.
- Other Discrimination Claims. An employer who singles out certain groups of employees – for example, by race, age, or gender – for drug testing could face a discrimination claim.
- Invasion Of Privacy. Even an employer that is allowed or required to test might violate employee privacy in the way it conducts the test. For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation.
- Defamation. An employee might have a valid claim for defamation if the employer ( that the employee tested positive, if the employer has reason to know that the test might not be accurate. For example, if a retest showed that the first test was a false positive or the employee has appealed the first test, the employer may be liable for revealing the results of the positive test beyond those with a need to know.
Breakdown Of Florida Drug Laws.
|Statute of Order:||Fla. Stat. §440.101 et seq., §627.0915, §112.0455|
|Covered Employers:||Private employers with 3 or more employees. Public employers with safety-sensitive and law enforcement positions|
|Applicant Testing:||Testing authorized with advance notice to applicant; applicant’s refusal to submit to test may be used as basis for not hiring.|
|Employee Testing:||Testing authorized on reasonable suspicion of substance abuse, as part of routine fitness-for-duty exam, or as follow-up to employee’s participation in counseling or rehabilitation. Written notice of testing program must be given 60 days in advance. Testing confers eligibility for certain discounts and other benefits under state’s workers’ compensation law. Discipline or discharge authorized for employees who test positive.|
|Conditions & Methods:||Confirming test in case of positive findings, privacy for employee in collection of specimen, methods of collection, storage, and transportation that preclude contamination of specimen, and confidentiality of results.|
|Testing Bullet Points:||
The Florida Drug Law For Marijuana Possession.
The Vast Majority Of Drug Test Failures in Florida Are For Breaking Florida Drug Laws For Marijuana, Not Federal Or Local Laws.
Florida drug laws have their own specific strengths you must avoid and weakness in which one can take advantage when it comes to marijuana. The same is true of the Federal Laws concerning marijuana.
Marijuana is the third most popular recreational drug in Florida behind only alcohol and tobacco. Marijuana has been used by nearly 100 million Americans at one time or another with an equal cross-section of people in Florida using marijuana. According to the federal government, some 25 million Americans have smoked marijuana in the past year and more than 14 million do so regularly despite harsh laws against its use. Florida is no exception in its implementation of marijuana law.
Unlike alcohol, for which impairment can be reasonably measured using a breathalyzer, valid detection for marijuana requires drug testing. This is time-consuming, complicated and the drug tests for marijuana cannot determine an approximate degree of impairment. The detection of marijuana is also complicated by the various types of drug testing available and the types of myths, half-truths and rumors that surround marijuana drug testing.
Overview Of Arizona Drug Test Laws.
- If an employer plans on taking part in the workers’ compensation program there should be a drug-testing program in place. In addition there are certain employees that must undergo mandatory drug testing depending on their job function
- .Types of Drugs – There are 10 drugs that the state allows a company to test for.
- These drugs include:
- metabolites of the above drugs
- Policy Disclosure – All job postings must include notice that the employer does conduct drug testing on its employees. In addition the job advertisement should let the potential candidate know testing will be conducted as part of the hiring process. In addition the policy must be posted where all employees can see it.
- The Written Policy – The employer must provide a policy statement outlining the general guidelines on drug testing and drug abuse.
- The employer must include the circumstances under which a drug test will be required.
- The employer must disclose the drug testing methods it uses as well as the drugs it tests for.
- The employer must disclose the consequences of a positive test and the options the employee has to contest the results.
- The employer must inform the employee of its policy on confidentiality as pertains to the employees ability to inform the employer of drugs being used, either prescription or over the counter prior to testing or after being tested for drugs or alcohol.
- The employer must disclose those medication that could result in a false positive on a drug test.
- The employer must disclose the consequences when an employee refuses to have a drug test.
- The employer must provide information of any drug and alcohol assistance programs available to the employee.
- The employer must provide the employee with notification of the right to contact a medical review officer to learn about medications.
- The employer must give 60 days notice if they plan on drug testing.
- Types of Drug Test – When a sample is collected for drug testing the state requires it be divided so the employee has the opportunity for re-testing in case of a positive result. Urine, blood and hair samples are the required methods of testing in Florida.
- Paying for Drug Tests – The employer is required to pay for all laboratory and drug testing fees for the initial test. However a re-test or drug treatment program may be paid by the employee.
- Where Can Drug Tests Be Done? – Employers must follow federal laws to determine where they send employees for drug testing. The testing must be reviewed by a SAMHSA or lab that is condoned by the FLAHCA.
- Mandatory Testing – Mandatory drug testing must be done for the following workers:
- construction contractors
- electrical contractor
- security system contractor
- those building academic buildings (per chapter 1013), public or private buildings (per chapter 255) and prisons and jails (per chapter 944)
- drivers of school buses
- When Can Drug Testing Be Done? – Per Florida statute drug testing can be a contingency of hire and should a potential employee refuse to partake in the drug testing the job offer can be withdrawn. Florida law also states if an employee is suspected of abusing drugs or alcohol and employer can demand a mandatory drug test. Failure to comply can result in dismissal. Drug testing can be required as part of a standard medical evaluation for those jobs requiring regular fitness testing. Drug testing must also be done by an employer once an employee finishes a drug or alcohol rehab treatment program. The testing can be random and continue for up to 2 years after treatment is completed.
- Testing Positive – A medical review officer must confirm all positive tests. There are no mandatory state required consequences. It is up to the employer how to follow up on positive tests. A positive test however, could prevent the employee form getting unemployment compensation.