Employer Frequently Asked Questions
Select a topic below:
Drug-Free Workplace
Will becoming a drug-free workplace save me money on my insurance premium?
- If you implement a drug-free workplace program in accordance with the criteria set forth in s.440.102, Florida Statutes, you may be eligible for a 5 percent premium credit from your insurance carrier to your workers' compensation insurance premium. In addition to the premium credit, having a Workers' Compensation Drug-Free Workplace Program may make your workplace safer, resulting in fewer accidents, which may reduce your workers' compensation costs.
Am I required to become a carrier certified drug-free workplace?
- Becoming a carrier certified drug-free workplace is voluntary. However, without the certification, you would not be eligible for any of the benefits provided under this program.
Under the Workers’ Compensation Drug-Free Workplace Program, can I conduct random drug testing of my employees?
- In addition to the situations in which testing is mandatory, the law does not prohibit a private employer from conducting random testing or any other lawful testing of employees. A public employer may institute random testing of employees in "safety sensitive" or "special risk" occupations.
Can I use a breathalyzer as a valid drug test?
- Under the Workers' Compensation Drug-Free Workplace Program, the use of a breathalyzer cannot be used as a testing method for initial or confirmation tests.
What if an employee refuses to take a drug test?
- If an injured worker refuses to submit to a test for drugs or alcohol, the employee may forfeit eligibility for medical and indemnity benefits. If an employee or job applicant refuses to submit to a drug test, the employer is permitted to discharge or discipline the employee or may refuse to hire the applicant (if specified in the written Drug-Free Workplace Policy), since, by law, refusal to submit to a drug test is presumed to be a positive test result.
- For more information please review Sections 440.101, 440.102 & 440.09(7)(d), Florida Statutes.
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.
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.
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.
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.