Drug-Free WorkPlace: Frequently Asked Questions...
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Do I get a credit and or savings for implementing a Drug-Free Workplace?
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.
Who pays for the drug tests?
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.
Under the Workers’ Compensation Drug-Free Workplace Program, can I conduct random drug testing of my employees?
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.
Can I use a breathalyzer as a valid drug testing method?
No. Under the Florida Workers’ Compensation Drug-Free Workplace Program, the use of breathalyzers are not valid testing methods for initial or confirmation tests.
What if an employee refuses to take a drug test?
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.
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.