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Drug testing by employers in Florida is governed by these state rules.
Florida's drug-testing law is contained within its workers' compensation law — a law covering employers of four or more, except in the construction industry where the law covers employers of one or more.
A private employer may conduct random testing, or any other lawful testing, of employees for drugs.
Under the law employers may voluntarily implement drug-free workplace programs designed to lessen the frequency and severity of work-related injuries. If an employer implements a drug-free workplace program that includes notice, education and testing for drugs and alcohol following the rules for testing developed by the Workers' Compensation Division, the employer may require that an employee submit to a test for the presence of drugs or alcohol.
If a drug or alcohol is found to be present in the employee's system at (or above) a level prescribed by law, the employee may be terminated and forfeits eligibility for medical and indemnity benefits.
In addition, the employer is eligible for reduced workers' compensation rates. To qualify for reduced rates, an employer's policy must provide for testing of all job applicants, reasonable suspicion drug tests, and follow-up-tests for those participating in employee assistance programs unless the employee voluntarily entered the program. It may also provide for routine fitness-for-duty medical exams, including drug testing.
An employer may, through the use of an unbiased selection procedure, conduct random drug tests of employees occupying mandatory-testing or special-risk positions if the testing is performed in accordance with drug-testing rules adopted by the Agency for Health Care Administration. If the initial test is negative, employers have sole discretion to seek a confirmation test.