Drug-Free WorkPlace:  Frequently Asked Questions...

Yes. In addition to the 5% premium credits which you will receive, having a Workers’ Compensation Drug-Free Workplace Program will make your workplace safer, resulting in fewer accidents, which may reduce your workers’ compensation costs.

The employer is responsible for payment of all drug tests they may require. If an employee wishes to have the specimen retested, it will be at the employee’s expense. In cases where the insurance carrier uses the positive test result to determine eligibility for workers’ compensation benefits, the carrier will pay for the test.

Yes. In addition to the situations in which testing is mandatory, the law does not prohibit an employer from conducting random testing or any other lawful testing of employees.

No. Under the Florida Workers’ Compensation Drug-Free Workplace Program, the use of breathalyzers are not valid testing methods for initial or confirmation tests.

If an injured employee refuses to submit to a test for drugs or alcohol, the employee may forfeit eligibility for medical and indemnity benefits, if this sanction is contained within the employer’s written policy. 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.

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.

The short answer is "No". Neither the State of Florida, nor the insurance carrier that writes your workers' compensation requires you to have a Drug-Free Workplace.

It is totally up to you if you desire to participate in this program. You will get a 5% credit on your workers' compensation premium if you do participate. That will save you money on your premium. Further, if you have a Drug-Free program in place and an employee gets injured as a result of their drug use, that will allow the carrier to test the individual and possibly even deny the claim in it's entirety.

Also, we find that by choosing to provide a Drug-Free Workplace, this creates a safter workplace and appeals to the employees, vendors and contractors that you may want to work with.

Some contracts that you may enter into may require that you maintain a Drug-Free Workplace. It is your choice whether you enter into a contract that requires this.

Work Comp Associates, Inc. can help you design, set up and maintain your Drug-Free Workplace. It is one of the many services that we provide.