Drug-Free Workplace Credit Program

The State of Florida has provided a credit for the creation of a drug-free workplace program. A copy of the program must be submitted to the insurance carrier providing coverage for certification.

In order to qualify for the credit, the program must consist of the following items:

• A general statement on drug use policy

• Types of testing to be performed, which include:

Pre-Employment: Require applicants to be drug tested and refuse to hire those who refuse to be tested.

Reasonable Suspicion: Require an employee to be drug tested if you have evidence of drug use, possession or sale or if you have a credible source attesting to drug use, possession or sale by the employee.

Routine fitness for duty: If a firm routinely requires employees to have medical examinations, then a drug test must be included in the examination.

Follow-up : If an employee has entered an Employee Assistance Program for drug problems, an employer must require testing of that employee on a quarterly, semi-annual, or annual basis for up to 2 years.

After workplace injuries: Whenever an inquiry occurs on the job, a drug test must be required of the injured employee.

• The resulting disciplinary actions for a confirmed positive drug test.

• A general confidentiality statement.

• The reporting procedure for prescription drugs and a list of drugs that may affect a drug test.

• A statement regarding refusal to test and the resulting actions.

• Names, addresses and telephone numbers of available Employee Assistance Programs.

• The procedures required for challenging the results of a drug test.

• The requirement of the employee to notify the lab should legal action of taken regarding a test.

• A list of drugs to be tested for brand or common names and chemical names.

• A statement that employees and job applicants have the right to consult the testing lab for technical information regarding prescription and non-prescription medications.

The employer must issue a one-time notice advising employees and applicants that a drug-free workplace will be implemented after a 60 day waiting period. Further:

• The employer must keep all files on drug-testing/use confidential.

• The employer must provide annual education to its' employees.

• The employer must follow all procedures identically for each and every case.

A new application is required every year at the renewal of your workers' compensation insurance policy in order for the credit to continue.

We will be glad to assist you with the creation of your drug-free workplace program. It is part of the services we provide to all of our clients at Work Comp Associates, Inc.