Legal Question in Employment Law in Florida

random drug testing in the state of florida

I would like to know, what are the basic requirements for random drug testing in Florida. Is there a state statute that must be adhered to even for safety sensitive positions by an employer. Does the M.R.O. have to adhere to these statutes as well?


Asked on 2/25/00, 3:23 am

1 Answer from Attorneys
Kelly Henderson

Re: random drug testing in the state of florida

The Florida Drug Free Workplace Statute can be found at Chapter 440.102. This is a special program that allows for discounted workers compensation rates and a free pass on unemployment claims from employees who test positive. Most employers who drug test follow these standards because of the above benefits. However, an employer could have a legal random drug testing program outside of the Drug Free Workplace Statutes. Yes, there are special rules for public employees in safety sensitive positions, see Chapter 440.102(11). The Medical Review Officer, M.R.O., must follow the statutory requirements if the company is seeking the safe harbor of the Drug Free Workplace Statutes. If you have any other questions please feel free to contact me at [email protected].

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Answered on 3/08/00, 12:04 pm


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