Can an employer require drug testing?

In Florida, an employer can require drug testing for some types of jobs. It is important to note, however, that employers must adhere to the federal and state laws related to drug testing. Testing must be conducted in a fair, uniform and reliable manner while protecting the rights of the employee. Depending on what type of job an employee is performing, different laws and regulations may apply. Generally, employers may require drug testing only for certain designated safety-sensitive positions. This means positions that can cause serious harm to the employee, other employees or the public if the employee is under the influence of drugs or alcohol. Examples of safety-sensitive positions may include commercial motor vehicle drivers, pilots, and hazardous material handlers. The US Supreme Court has held that employers may require urine, saliva or blood drug tests as part of the job application process for those safety-sensitive positions. Those tests must be done in a way that does not invade the employees’ privacy or otherwise be unfair or discriminatory. In summary, employers can require drug testing in certain safety-sensitive positions in Florida as long as these tests are conducted in a way that is fair to the employee.

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Can an employer require drug testing?

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