The following provisions apply to a drug-free workplace program implemented pursuant to law or to rules adopted by the Agency for Health Care Administration:
(1) DEFINITIONS. - Except where the context otherwise requires, as used in this act:
(2) DRUG TESTING. - An employer may test an employee or job applicant for any drug described in paragraph (1)(c). In order to qualify as having established a drug-free workplace program under this section and to qualify for the discounts provided under s. and deny medical and indemnity benefits under this chapter, an employer must, at a minimum, implement drug testing that conforms to the standards and procedures established in this section and all applicable rules adopted pursuant to this section as required in subsection (4). However, an employer does not have a legal duty under this section to request an employee or job applicant to undergo drug testing. If an employer fails to maintain a drug-free workplace program in accordance with the standards and procedures established in this section and in applicable rules, the employer is ineligible for discounts under s. . However, an employer qualifies for discounts under s. if the employer maintains a drug-free workplace program that is broader in scope than that provided for by the standards and procedures established in this section. An employer who qualifies for and receives discounts provided under s. must be reported annually by the insurer to the department.
(3) NOTICE TO EMPLOYEES AND JOB APPLICANTS. -
(4) TYPES OF TESTING. -
(5) PROCEDURES AND EMPLOYEE PROTECTION. - All specimen collection and testing for drugs under this section shall be performed in accordance with the following procedures:
(6) CONFIRMATION TESTING. -
(7) EMPLOYER PROTECTION. -
(8) CONFIDENTIALITY. -
(9) DRUG-TESTING STANDARDS FOR LABORATORIES. - A report must not disclose the presence or absence of any drug other than a specific drug and its metabolites listed pursuant to this section.
A report must not disclose the presence or absence of any drug other than a specific drug and its metabolites listed pursuant to this section.
(10) RULES. - The Agency for Health Care Administration shall adopt rules pursuant to s. , part II of chapter 408, and criteria established by the United States Department of Health and Human Services as general guidelines for modeling drug-free workplace laboratories, concerning, but not limited to:
(11) PUBLIC EMPLOYEES IN MANDATORY-TESTING OR SPECIAL-RISK POSITIONS. -
(12) DENIAL OF BENEFITS. - An employer shall deny an employee medical or indemnity benefits under this chapter, pursuant to this section.
(13) COLLECTIVE BARGAINING RIGHTS. -
(14) APPLICABILITY. - A drug testing policy or procedure adopted by an employer pursuant to this chapter shall be applied equally to all employee classifications where the employee is subject to workers' compensation coverage.
(15) STATE CONSTRUCTION CONTRACTS. - Each construction contractor regulated under part I of chapter 489, and each electrical contractor and alarm system contractor regulated under part II of chapter 489, who contracts to perform construction work under a state contract for educational facilities governed by chapter 1013, for public property or publicly owned buildings governed by chapter 255, or for state correctional facilities governed by chapter 944 shall implement a drug-free workplace program under this section.
Fla. Stat. § 440.102
Amended by 2017 Fla. Laws, ch. 173,s 33, eff. 7/1/2017.
Amended by 2016 Fla. Laws, ch. 241,s 77, eff. 7/1/2016.
Amended by 2016 Fla. Laws, ch. 145,s 25, eff. 7/1/2016.
Amended by 2016 Fla. Laws, ch. 105,s 15, eff. 7/1/2016.
Amended by 2015 Fla. Laws, ch. 100,s 10, eff. 7/1/2015.
Amended by 2015 Fla. Laws, ch. 34,s 6, eff. 5/14/2015.
Amended by 2013 Fla. Laws, ch. 141,s 3, eff. 7/1/2013.
s. 13, ch. 90-201; s. 13, ch. 91-1; s. 1, ch. 91-201; s. 4, ch. 91-429; s. 9, ch. 93-415; s. 3, ch. 95-119; s. 3, ch. 96-289; s. 284, ch. 96-406; s. 198, ch. 96-410; s.1050, ch. 97-103; s.99, ch. 97-264; s.3, ch. 99-186; s.14, ch. 2000-320; s.1, ch. 2002-14; s.5, ch. 2002-78; s.16, ch. 2002-194; s.8, ch. 2002-196; s.51, ch. 2003-1; s.60, ch. 2004-5; s.7, ch. 2005-55; s.178, ch. 2007-230; s.1, ch. 2009-127; s.49, ch. 2009-132; s.2, ch. 2012-8.