Holding a job in the state of Florida is what millions of people dream of doing at one point or another in their lifetime. Whether you live in Florida now or want to eventually move to the Sunshine State, it’s important to know the Florida laws that govern workplace drug tests so your employer does not take advantage of you. To help you better understand workplace drug test obligations, we look at the laws that govern how drug tests are conducted in workplaces all throughout Florida.
Laws Governing Job Applicants
If you have applied for employment at a company that has a drug-free workplace program in place, you are required to be tested for drug use if you have a conditional offer of employment in your hands. The required drug test from the employer must be mentioned in all of the job ads published in newspapers, online, and in any other media format.
Laws Governing Employees
Employees who work at companies that have drug-free workplace programs in place must test their employees in the circumstances mentioned below:
- As part of the medical examination conducted regularly that determines an employee’s fitness duty for work
- If the employer has reasonable suspicion that the employee is using drugs
- When the employee comes back to work after spending time in rehabilitation for drug use that came from a positive drug test
Employers are also legally permitted to conduct drug tests randomly and as they see fit. There are prescription drugs that can lead to a positive drug test. There are prescriptions protected under the Americans with Disabilities Act (ADA) if prescribed due to the employee’s disability. This means that the employer cannot discriminate against the employee who tests positive for such a prescription drug.
The Rights of Florida Employees
Any employer in Florida that wishes to conduct drug tests of its employees is required to provide notice of the drug testing policy in writing to all employees. All employees must also be provided notice of this policy 60 days prior to it taking effect or before a drug test is issued. Any employee who tests positive has no more than five days to argue the test or explain why the results were positive. Employers are not allowed to fire or reprimand an employee for a positive test that has not been confirmed with another test or sent through a medical review.
Employees are also protected from losing their job or being demoted if they voluntarily seek rehabilitation for their drug use unless they have been in treatment in the past or have tested positive for drugs. Employees are to be drug tested in accordance with the laws of the state, including how the tests are to be administered, how specimens are collected, and how confidentiality is maintained by the employer.
Contact a Workplace Attorney Today
Do you feel that your rights in the workplace have been violated by your employer? Are you worried that you are being targeted with multiple drug tests? If so, it’s time to take legal action with help from the team of Sternberg / Forsythe, P.A. Contact the office at 561-687-5660 to schedule an appointment today.