Florida Drug Testing and Workers’ Comp Laws

Florida Workers' Compensation Laws and Regulations of this State
Florida Workers’ Compensation Laws and Regulations

Official Florida Website

FLORIDA State Law Summary – Workplace Drug/Alcohol Testing

GENERAL COMMENTS:
Florida is an “open” state, meaning there are no requirements or limitations on workplace drug testing, unless an employer chooses to obtain certain state opportunities. The following assumes the employer does not wish to participate in available state opportunities. 

POLICY: 
NO law requires a written policy; however, for workers compensation/unemployment purposes employersSHOULD have written policy. 

NOTICE: 
NO notice or posting requirements in this state. 

COSTS:
Not specified.  

CONSEQUENCES:
NO limits exist under state law or court decision. 

WHO: 
NO limits exist under state law or court decision. 

WHAT:
NO limits exist under state law or court decision. 

WHERE: 
NO limits exist under state law or court decision. 

WHEN: 
NO limits exist under state law or court decision. 

HOW: 
NO limits exist under state law or court decision.

OTHER STATE PECULIARITIES:

Workers Comp: Florida law presents a 2-tiered approach to the issue of intoxication and benefits.  The difference relates to the burden of proof.  Generally if there is reason to believe at the time of injury it was “occasioned primarily by” alcohol or drugs the employer can require a test.  If the employer has complied with the DFWA and there is a positive result it is presumed that the injury was “occasioned primarily by” the employee’s intoxication. The employer may also be eligible for a workers comp premium discount of 5%.

Unemployment:
Employee may be disqualified for unemployment benefits if the department finds the discharge was “for misconduct connected with his work, consisting of drug use, as evidenced by a positive, confirmed drug test.”

Updated 11/16/11

The material on this page has been provided by our resource partner Park-Dickens Group, distributor of FIGHTREADY™, an automated process for state specific, post-accident policies and procedures to help defend against workers' comp claims involving drug and alcohol intoxication. For a copy of the state laws, regulations, statutes, court decisions, or cases involved, email Bill Judge.

WARNING: This information is presented after a review of the statutes, regulations and court decisions in this state. This information is subject to frequent change and inherently involves our opinion in certain instances and you may disagree. This information is presented for general educational purposes only -- IT IS NOT INTENDED TO PROVIDE LEGAL OR OTHER PROFESSIONAL ADVICE.  Always consult your legal and medical professionals before making any decisions.

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