Workplace Drug Testing Issues – Florida State Laws
These categories do no effect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
Florida has a voluntary program that provides for a 5% discount on workers compensation insurance premiums. The chart below is based on the requirements of this voluntary program.
Workplace Drug Testing Laws in Florida
|Drug Testing Issue||Status||Comments|
|Instant or POCT Testing||Restrictions||Confirmation testing at a SAMHSA and/or Florida Agency for Healthcare Administration (AHCA) licensed lab is required.|
|Drug Panels||Restrictions||Up to standard 10 panel test.|
|Laboratory||Licensing requirements||AHCA or SAMHSA certified laboratories required.|
|Medical Review Officer (MRO||Required||Results must be reported from lab to MRO and then to employer.|
|Random Testing||No Restrictions||Optional|
|Post-Accident||Required||Must follow requirements of Florida Drug Free Workplace Program|
|Reasonable Suspicion||Required||Must follow requirements of Florida Drug Free Workplace Program|
|Oral Fluid Testing||Restrictions||Not allowed for the Florida Drug Free Workplace Program|
|Hair Testing||No Restrictions|
|Unemployment Denial||Yes, address in company policy||State in your drug free workplace policy that a refusal to test or a positive test is misconduct. Terminate employment for misconduct.|
|Workers Comp Discount||Yes, available 5% Discount||See General Statute links below|
|Intoxication Defense||Yes||440.09 - Compensation is not payable if the injury was occasioned primarily by the intoxication of the employee; by the influence of any drugs, barbiturates, or other stimulants not prescribed by a physician; or by the willful intention of the employee to injure or kill himself, herself, or another.|
|Medical Marijuana||Yes||Amendment 2 passed on November 2016. No requirement for accommodation of on-site medical use of marijuana in any place of employment. Drug testing or drug free workplace are not mentioned in the amendment.|
|Report Driver DOT Positives||No|
|General Statute||See below Florida Drug Free Workplace Program|
Intoxication Defense - §440.102 - States vary in their willingness to allow employers to use an injured worker's intoxication as a defense against a claim for compensation. State laws' intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury. Always check with your insurance company and your attorney when you have a positive post-accident test after an injury.
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow.
State Law Florida