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  • Drug-Free Workplace

    I am all for employment drug tesing and at random if need be. My problem is or question I should ask is are employers allowed to use the new at home drug test that you can buy at the local walgreens. I had a friend of mine who is employed in the same field and not in management as myself that her employer stated she was going to start doing randon drug testing and this is how she was going to conduct the test. Like I said being a member of mgmt and for a drug-free workplace I do not feel that a employer can do a drug test like this, that it would have to be done at a licensed labatory/medical office. This employer happens to be a registered nurse who owns this second business and feels she can do this or is qualified because of her nursing Lic. I have looked into the florida statue 11.0455 Drug- Free Workplace act under types of testings and it states that a physician, pyhs assistant, a licensed pratical nurse, a licensed registered nurse, a nurse practioner but is vague on where it has to be done. I would ssume that they are referring that these types of people can do it at a licensed lab or hospital. Please lead me to where I could see this black and white or am I right on this matter. Thanks

  • #2
    I agree with Joe since she is a nurse. My info only indicates when a worker's comp drug test is required then there are other strictly enforced components - such as appr. lab, records of chain of custody, etc. (state Fl.)
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    • #3
      Florida Statute 440.101 establishes the rules that an employer must follow.

      http://www.flsenate.gov/statutes/ind...atuteYear=2003

      The following section seems to bar an employer from using some off the shelf testing kit.

      e) A specimen for a drug test may be taken or collected by any of the following persons:

      1. A physician, a physician assistant, a registered professional nurse, a licensed practical nurse, or a nurse practitioner or a certified paramedic who is present at the scene of an accident for the purpose of rendering emergency medical service or treatment.

      2. A qualified person employed by a licensed or certified laboratory as described in subsection (9).
      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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      • #4
        I will point out that those regulations do not apply in every state. I am in Iowa...my company uses an over-the-counter drug test for random testing, and there are no regulations in Iowa that prohibit it. We save quite a bit of money doing random tests in house, the person being tested conducts the test themselves in the presence of someone from HR, so they can't claim it's been tampered with, and anyone who gets a positive result is immediately sent to a lab for a follow-up test. Lab tests are exclusively used for post-accident testing and reasonable suspicion testing.

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        • #5
          Originally posted by informme View Post
          I am all for employment drug tesing and at random if need be. My problem is or question I should ask is are employers allowed to use the new at home drug test that you can buy at the local walgreens. I had a friend of mine who is employed in the same field and not in management as myself that her employer stated she was going to start doing randon drug testing and this is how she was going to conduct the test. Like I said being a member of mgmt and for a drug-free workplace I do not feel that a employer can do a drug test like this, that it would have to be done at a licensed labatory/medical office. This employer happens to be a registered nurse who owns this second business and feels she can do this or is qualified because of her nursing Lic. I have looked into the florida statue 11.0455 Drug- Free Workplace act under types of testings and it states that a physician, pyhs assistant, a licensed pratical nurse, a licensed registered nurse, a nurse practioner but is vague on where it has to be done. I would ssume that they are referring that these types of people can do it at a licensed lab or hospital. Please lead me to where I could see this black and white or am I right on this matter. Thanks
          Hi informme,
          Yes, it is okay to use the store bought random drug test kits for employee testing - alot of companies use them. If a positive result is obtained, then the specimen must be sent/taken to a licensed laboratory for confirmation using the proper chain of custody forms as the previous poster has stated.
          The nurse employer should have a written policy/procedure on the drug testing program that clearly states how and when these tests will be performed to avoid unfair or improper treatment. I also believe that the nurse employer must be aligned with a physician who acts as the overseeing medical director of the random drug program.
          WorkHorse

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          • #6
            This is not my area of expertise, but what good is a "take-home" test? It doesn't prove anything; anybody could be going in the cup.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              I read it as the employer was buying off the shelf tests and using them at the place of employment.
              "Pluralitas non est ponenda sine neccesitate'' - Sir William of Ockham, a.k.a. Ockham's Razor

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              • #8
                oh, that makes a little more sense then.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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