Anyone who works as an employer in the state of Florida needs to be aware of the rights at play with pre-employment drug testing. Many employers require prospective employees to pass a drug test before starting a new job, but there are certain limitations. Most job seekers will have nothing to worry about regarding a pre-employment drug test, but it still helps to go in prepared.
What are the Rules for Pre-Employment Drug Testing?
Employers have a right to maintain a drug-free workplace. In some industries, this condition may be mandatory. That is the case for jobs within aviation and transportation. However, any business may administer drug tests as long as they abide by all Florida laws. As a result, employers must follow certain procedures before and while they administer the test.
For starters, the employer must clearly state in the job listing that pre-employment drug testing will be required for all new hires. The test may be administered upon the condition of the offer to hire. After the offer has been extended, employers are allowed to test upon reasonable suspicion of illegal drug activity. Reasonable suspicion can include sudden alterations in behavior, a report of illicit drug use, or observation of drug activity.
Employers also maintain the right to test employees who return to work after an extended absence. In this instance, the drug testing can work in tandem with a routine physical fitness exam. In the event an employee previously underwent rehabilitation for a positive drug test, the employer has the right to test the worker when he or she returns to work. However, if the employee voluntarily left to go to rehab, then it is not mandatory for the employer to conduct drug testing.
How Do Florida’s Medicinal Marijuana Laws Interact With Drug Testing?
Medicinal marijuana recently became legal in Florida. Numerous people in the state now use marijuana for its medical purposes for various health conditions. Some of the conditions where people can use medical marijuana include:
- Crohn’s disease
- Eating disorders
- Multiple sclerosis
- Chronic pain
- Mental health problems
- Alzheimer’s disease
It is vital to recognize that recreational marijuana is still illegal in the state of Florida. Even the laws surrounding medical marijuana are incredibly strict, and anyone using it needs to make sure they remain on the right side of the law.
Although Florida residents have a right to use medicinal marijuana, employers still have the right to terminate the employment of anyone who tests positive. Even if a worker uses it for medical purposes, he or she could still lose a job due to testing positive. This is in accordance with the employer’s right to a drug-free workplace.
However, employees can also take ease in knowing that an increasing number of employers in the state no longer care about marijuana. While employers in the aviation and transportation industries may have a zero-tolerance policy, other businesses might be lax. Some employers realize there can be a talent shortage and just want good employees who show up on time. As a result, some employers leave marijuana off of the testing panels entirely. When it comes to pre-employment drug testing, employees should adopt a “don’t ask, don’t tell” policy. Workers are under no condition to mention any health problems they struggle with and what they take to deal with it.
Where Can You Go for High-Quality Drug Testing?
Employers deserve to have the best workers at their companies. If you want to implement a drug testing policy at your place of work, then get in touch with the professionals at ARCpoint Labs of Fort Myers. From physicians to lawyers, we help numerous people acquire the tools they need to test efficiently. Do not delay in getting the drug tests you need today.