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. |
| Recreational Marijuana | No | |
| Report Driver DOT Positives | No | |
| General Statute | See below Florida Drug Free Workplace Program |
Florida Drug Free Workplace Program - Florida WC Code 440.102 and Florida Admin. Code 59A-24 et al.
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