Workplace Drug Testing Issues – Florida State Laws
These categories do not affect 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.
|Drug Testing Issue||Status||Comments|
|Instant or POCT Testing||Restrictions||Confirmation testing at a SAMHSA or Florida Agency for Healthcare Administration (AHCA) licensed lab is required.|
|Drug Panels||Restrictions||Up to the standard ten-panel test|
|Laboratory||Licensing requirements||AHCA or SAMHSA-certified laboratories are required.|
|Medical Review Officer (MRO||Required||Results must be reported from the lab to MRO and then to the employer.|
|Random Testing||No Restrictions||Optional|
Intoxication Defense – §440.102 – States vary in their willingness to allow employers to use an injured worker’s intoxication as a defense against a compensation claim. State laws’ intoxication defenses generally fall into one of three rough categories: reasons 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 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 vary 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.