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Drug testing Florida

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  • Drug testing Florida

    Would it be considered discrimination to have mandatory drug testing for delivery drivers and not for sales people? If we tested both groups would we have to follow the exact same rules?

  • #2
    I don't see any discrimination here since you can have different rules/practices for different "classes" of employees. You do not need to treat all classes the same.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      We want to qualify as a drug free work place for the WC rebate. To qualify would we have to drug test everyone? How often?

      What type of rules must be followed?
      How hard is it to keep up with this type of policy, and does if improve the work place and reduce accidents? How does it affect interviewing and hiring.

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      • #4
        The Fl. workers' comp. law permits employers to require applicants & employees to take drug/alcohol tests if the employer first implements a drug-free workplace program. The drug-testing program allows preemployment, random, and postaccident testing. Under the program, applicants or employees who test positive or refuse to be tested may be refused employment or the employee may be disciplined and/or fired. Workers' compensation drug testing requires the use of approved labs, records of chain of custody, and other strictly enforced components. A positive test by an employee after an accident can result in denial of both indemnity and medical benefits under workers' compensation. Employers can receive a material deduction in workers' comp. premiums if they are under a testing program.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          Here's some add'l. info that might help you.:
          How will a drug free workplace program benefit my business?
          A. Employers have seen a decrease in workplace accidents, employee mistakes, absenteeism, employee turnover, and in their workers' compensation claims. Other benefits are less tangible, such as improved workplace environment, employee morale and customer satisfaction. Businesses in the state of Florida may also qualify for a 5 percent discount on their workers' compensation premiums.

          There is no cost to implement a comprehensive drug free workplace program. Additional on-site services are available. Please contact The National Drug-Free Workplace Alliance for more information.

          The Workers' Compensation Premium Reduction Act requires that a company conduct pre-employment testing of all new hires, post-accident testing, reasonable suspicion testing, return to duty testing, and follow up testing to qualify for the discount. The Act also requires that a notice of testing must accompany vacancy announcements, be posted in a conspicuous location, and be provided upon request. A form must also be filled out with your workers' compensation carrier.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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          • #6
            Do you know of a good link for Florida’s rules and requirements for a drug free workplace? The site that I have found is vague.

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            • #7
              If these delivery drivers hold CDLs then you must have a drug testing policy per FMCSA. http://www.dot.gov/ost/dapc/NEW_DOCS/part40.html?proc
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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              • #8
                Thank you for the input Betty3 and ElleMD.

                They do not need a CDL license; they drive light delivery trucks. Our insurance sales person is telling us, that if we do not qualify as a "drug free work place," WC may not cover accidents and that we could be sued for gross negligence. If we are found negligent in an accident, the umbrella policy would also refuse to pay. If this is true wouldn’t drug tests be considered mandatory?

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                • #9
                  WC may not cover the injuries sustained if the employees are found to be under the influence regardless. However, on the liability end, you may be liable for damage or injuries inflicted on others. I do not know if your state recognizes a defense in the event that the employee acted contrary to a company drug free policy. That is one for your legal counsel.

                  Either way, it only makes sense to have a drug testing and drug free policy in place.
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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                  • #10
                    Originally posted by TM1 View Post
                    Do you know of a good link for Florida’s rules and requirements for a drug free workplace? The site that I have found is vague.
                    TM1 - does this help you any?

                    http://www.drugfreeworkplaces.org/faq.php
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                    Comment


                    • #11
                      The link is more helpful than the one I was using, but some things are still a bit vague.

                      I tried to let my controller work with the agent, because she has experience in this area. Her unique ideas and personality did not mesh well with the agents. Long story—

                      I will contact the agent next week. I just like to have information, before I commit to anything new. Are the rules concerning where the tests are given and how often they are required, mandated by the state or the insurance carrier? Any idea how often an average employee has to be tested each year? How do the employees react when they are told to go take a drug test?

                      Comment

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