Drug-Free Workplace

If a terminated employee files for unemployment benefits (in Florida these benefits are called "Re-employment Benefits") may I inform the adjudicator that the employee was terminated as a result of a positive drug test?

• The adjudicator is bound to maintain this information confidential under s. 443.1715(3)(b), Florida Statutes, until introduced into the public record pursuant to a hearing conducted under s.443.151(4), Florida Statutes. Under all other instances employers may not release any information concerning drug test results obtained pursuant to section s.440.102(8), Florida Statutes, unless such release is compelled by an administrative law judge, a hearing officer, or a court of competent jurisdiction or is deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding.

• For more information please review Sections 440.101 & 440.102(8), Florida Statutes.

Can I post the results of my employees’ drug tests?

• All information, interviews, reports, statements, memoranda and drug test results, written or otherwise, received by the employer through a drug testing program is confidential and cannot be posted in any public manner.

• For more information please review Sections 440.101 & 440.102, Florida Statutes.

Am I responsible for payment for services when my employee participates in an Employee Assistance Program (EAP)?

• No, but if you choose to pay for an Employee Assistance Program, you have the right to choose the facility providing treatment. If an employee does participate in an Employee Assistance Program, you, the employer, are required to extend the same considerations as reflected under the federal guidelines established for the Americans with Disabilities Act and the Family and Medical Leave Act.

• For more information please review Sections 440.101 & 440.102, Florida Statutes.

How many days does the employee have to re-test the specimen if he or she wishes to contest a positive test result?

• During the 180 day period after written notification of a positive test result, the employee who has provided the specimen shall be permitted by the employer to have a portion of the specimen re-tested, at the employee's expense, an Agency for Health Care Administration (AHCA) licensed or a USHHS certified laboratory of his or her choice.

• For more information please review Sections 440.101 & 440.102(5)(g), Florida Statutes.

Who pays for the drug test?

• The employer is responsible for payment of all drug tests they may require. However, if an employee wishes to have the specimen re-tested at a laboratory certified by the Agency for Healthcare Administration (AHCA), it will be at the employee's expense. If the workers' compensation insurance carrier uses a positive test result to determine the compensability of a claim, the carrier would be responsible to cover the costs of the test.

• For more information please review Sections 440.101 & 440.102, Florida Statutes.

Is there someone who can help us set up a Drug Free Workplace?

• Yes, the National Drug-Free Workplace Alliance offers Florida’s employers assistance in establishing Drug Free Workplaces. For more information please visit their website at www.ndwa.org or www.dfaf.org.