Employers are not legally required to ask employees or job applicants to undergo drug testing. However, employers covered by the state's workers' compensation law may qualify for a workers' compensation insurance premium discount by voluntarily implementing a drug-free workplace program (FL Stat. Sec. 440.101et seq.). The program requires employers to notify all employees that it is a condition of employment for employees to refrain from reporting to work or working with the presence of alcohol or drugs in the body, and if an injured employee refuses to submit to a drug or alcohol test, the employee will forfeit eligibility for medical and indemnity benefits.
Employers seeking to qualify for the premium discount must develop a written policy statement notifying employees and applicants that the use of alcohol or drugs during working hours is prohibited. State law also requires employers to comply with specific standards, including:
Applicants. An employer must require job applicants to submit to a drug test. Employers can decline to hire applicants who refuse to submit to testing or who test positive.
Employees. An employer must require an employee to submit to a drug test on the basis of reasonable suspicion, as part of a routinely scheduled fitness-for-duty medical exam, or as a follow-up to a rehabilitation program. “Reasonable suspicion” may be based upon conditions such as direct observation of drug use or of the physical symptoms of being under the influence of a drug; abnormal conduct or erratic behavior while at work or a significant deterioration in work performance; a report of drug use, provided by a reliable and credible source; or evidence that an individual has tampered with a ...