Drug Testing
QUESTION: Is there any law that requires us to offer Employee Assistance/Treatment for a positive drug result? I am working on an update to our handbook, and we would like to state “No Tolerance” period.
FROM: MARILEE
INDUSTRY: ENVIRONMENTAL ENGINEERING
RESPONSE:
Marilee,
The only law that you may have to be concerned about has to do with anyone who drives a large truck – over 25,000 lbs. If this is the case, then you have to give them some information on an EAP or substance abuse program. However, you are still able to terminate and give the employee information as they walk out the door. This can be as simple as ripping out the page in the yellow pages on substance abuse facilities.
So the answer to your question is that you can implement a drug free workplace program with a zero tolerance for any positive testing. If you want to be in compliance with the Florida Drug Free Workplace Act, you must give your employees 60 days advanced notice of your intention on changing the policy.
Thanks for Asking Bob and let me know if I can be of further assistance.