Does Florida have any laws regarding employee drug testing?

Employee drug testing laws vary from state to state. It’s important to know the specific laws and regulations where you live and work, whether you’re an employer or an employee. Choosing a reliable screening service, like Background Experts, can help you ensure compliance, but it’s still important to understand the laws that can protect you from liability lawsuits and ensure the safety of your workplace.

What you need to know about employee drug testing laws in Florida

In Florida, employers are not legally obligated to conduct employee drug testing. Employers in Florida can choose to conduct a drug test for a variety of different reasons. These can include:

  • Prospective employees — An employer can test anyone who has applied for a job at their company or business.
  • Return from drug rehabilitation — Any employee who is returning to work from a drug rehabilitation program can be subject to drug testing.
  • Reasonable suspicion of drug use — If an employer suspects drug use, within reason, they may conduct a drug test on the employee.
  • Random drug testing — If a drug testing program is already established in a workplace through an independent third party, random sample testing is allowed under state law.

What is reasonable suspicion in Florida?

Under Florida law, reasonable suspicion is defined as “based on a belief that an employee is using or has used drugs in violation of the employer’s policy.” Reasonable suspicion must be supported by a written statement. This statement must detail the circumstances that led the employer to believe a drug test is necessary. The information provided in the statement must be confidential; however, it must also be made available to the employee undergoing screening if they request it.

How can your business maintain compliance with Florida law?

In general, your drug testing policies should follow these guidelines to avoid lawsuits and noncompliance:

  • Notify prospective employees of your company’s drug testing practices in advance.
  • Use the same tests for prospective employees applying for the same jobs.
  • Choose a screening service with a state-certified lab.

Seeking drug screening services for your business? The Background Experts team is here to help!

Doing employee drug testing can be frustrating and time consuming. Fortunately, our Background Experts team can take this task off your hands. Our team members have 30 years of combined experience in helping companies find the drug testing that fits their needs, and we’re fully FCRA certified. We also offer a wide range of screening services that can help HR managers and hiring agents ensure that their potential employees are fully vetted and ready to get to work. 

Contact our team today for more information about our services or to talk to one of our background screening experts.