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Refusing to Take the Test In Florida, you will lose your license for one year for your first refusal. For your second and any subsequent refusal, your license will be suspended for 18 months and you will face the additional consequences, such as time in jail, that come with committing a misdemeanor.
Drug-testing in the workplace can only usually be justified for health and safety reasons. This means that an employer should not drug test unless there is good reason to do so, and it provides significantly better evidence of impairment than other less intrusive means.
Employees may refuse to take a workplace drug test but they can also be fired for that refusal. An employer only needs to demonstrate they had good reason to believe someone was a safety hazard or was unable to perform their job. The employer's written policy is key in this situation.
Job applicant drug testing. An employer must require job applicants to submit to a drug test and may use a refusal to submit to a drug test or a positive confirmed drug test as a basis for refusing to hire a job applicant.
POLICY STATEMENT: The purpose of this policy is to ensure public safety and to maintain a safe, and productive work environment for all employees by preventing accidents or other dangerous incidents that may result from drug or alcohol use.
Employers can participate in random drug screening under Florida law, but workers should know of their intent to do so. The state requires that employers observe several rules as a condition of participation in a drug-free workplace in exchange for benefits like reductions in workers' compensation premiums.
Florida employers who have a drug-free workplace program are required to drug test applicants who have received a conditional offer of employment. If an employer requires applicants to take a test, it must include a notice in its job announcements or ads regarding the testing requirement.
Federal and Florida law require drug testing for some employees. Florida drug test laws also give employees certain privacy rights.
What is a zero-tolerance drug and alcohol policy? In most cases, the term zero-tolerance is used to refer to a drug and alcohol policy which sets cut-off levels, and stipulates that testing which reveals a breach of the policy will result in disciplinary action.
Florida employers who have a drug-free workplace program are required to drug test applicants who have received a conditional offer of employment. If an employer requires applicants to take a test, it must include a notice in its job announcements or ads regarding the testing requirement.