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Simple FAQ on Florida Drug-Free Workplace Program

Will becoming a drug-free workplace save me money on my workers comp insurance premiums?

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 testing method?

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.

 

If a terminated employee files for unemployment compensation 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.

 

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.

 

Call us today and learn about IDENTICO’s Mobile Drug Testing solutions which are offered to local businesses and community organizations in South Florida. Say “No” to abuse of cocaine or marijuana at your workplace. Our mobile drug screening bus is capable to travel to your location and collect urine based drug tests on-site. The testing will be conducted in leading nationwide laboratories, and the results will be verified and signed by certified MRO (Medical Review Officer).

 

Contact us at (954) 239-8590 and we’ll stop unacceptable drug activities at your business.

 

IDENTICO LLC.

Who runs this Blog?

IDENTICO LLC is FDLE approved live scan vendor providing Level 2 background screening and fingerprinting services for AHCA, DCF, APD, VECHS, DBPR, DOEA providers, Name Change Petitioners and to many others.

Please call (954) 239-8590 or (888) 988-8969 for more information or visit our official web-page http://www.myidentico.com.
We gladly respond to all emails sent to info@myidentico.com

With Mobile Fingerprinting Unit we serve providers Broward, Miami-Dade, Palm Beaches and Martin County.

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