Employer Drug Testing Law in Florida!
By: Harry Garlow
Tags: Employee Drug Testing, Drug Testing Law, Florida

Employers who are all eligible and practicing Drug-free workplace should conduct a drug test on their employees. There are certain circumstances to conduct a drug test.

Under suspicion — If the employee is behaving abnormal, unsteady, or exhibiting the observable difference in characteristics, the employer can suspect the employee of using drugs, and the employer can conduct a drug test. Duty medical test — Every employee has to take a medical drug test for the sake of their health. It is a scheduled fitness for duty routine for the employees. The drug test can happen as a part. After rehabilitation — A drug test will be conducted on an employee returning from rehabilitation for a positive drug test.

There are few possibilities where employers can randomly conduct drug tests on their employees also.

Procedural rights and notice for the working employees

In Florida, the employees must have at least 60 days notice before conducting a drug test. The Employees who tested positive in a drug test have five days to explain or oppose the test results. An employer may not take any actions based on the initial drug test results of the employee. The employer should conduct a confirmation test with a medical review officer after the initial drug test results.

There are defined procedures to be carried out by the employers while conducting a drug test. Collecting the specimen, testing them, and maintaining the confidential results require defined guidelines laid by the state laws. Last but not least, the employees should not be mistreated, fired, or discriminated against if the drug test results are positive.

Legal claims by the employees against a mishandled drug test

Even though the legal laws allow employers who are practicing drug-free workplace programs to conduct drug tests randomly, there are certain rights for the employees to avoid illegal drug testing. Based on some factors (who was tested, How was tested, and how were the results used), the employees can have legal claims.

Violation of state and procedural laws — The employer should follow the state and procedural rules while conducting a drug test on their employees. Failing to follows these procedures could attract a violation act against the employer. It starts from issuing a Drug test notice to the employee with its policies and conducting a confirmation test if the initial result of a drug test is positive. Discriminating Disabilities — Disabled Employees use medicines for their disabilities. Some medications taken by disabled employees could turn up on a drug test. Illegal drugs like Opiates are also legitimately prescribed to disabled people. Employers turning down employees with a positive drug test under these circumstances are liable to state laws. Discrimination claims — Employers who conduct drug test by selecting out employees by age, race, sex or gender is also liable to the legal laws. They could receive a discrimination claim against them. Privacy invasion — Conducting a drug test disrupting employee privacy is also violating the rules. Requiring the employee to undress or provide a pee sample in front of others should not be followed. Conducting this type of drug test attracts a privacy violation against the employer. Defamation — If an employee has tested positive and the employer explicitly shows the drug test results to the public, Employees can have a defamation claim against the employer. There are possibilities of errors to happen in the drug tests. The employer is liable to the laws for publicizing the results if the employee is tested negative in a retest.

The Florida government does not promote any sort of drug consumption. Consuming drugs and alcohol is harmful to health, and it could affect the environment around you. Not every organization requires you to take drug tests for employment, even though some jobs have to be ensured and operated under a drug-free zone for the employees working on the premises. Refraining from drugs is a social responsibility that could develop a peaceful society.