Sent: Wednesday, March 17, 2010 5:22 PM
Subject: Florida DFWP statute
g) Every specimen that produces a
positive, confirmed test result shall be preserved by the licensed or
certified laboratory that conducted the confirmation test for a period
of at least 210 days after the result of the test was mailed or
otherwise delivered to the medical review officer. However, if
an employee or job applicant undertakes an administrative or legal
challenge to the test result, the employee or job applicant shall notify
the laboratory and the sample shall be retained by the laboratory until
the case or administrative appeal is settled. During the 180-day period
after written notification of a positive test result, the
employee or job applicant who has provided the specimen shall be
permitted by the employer to have a portion of the specimen retested, at
the employee's or job applicant's expense, at another laboratory,
licensed and approved by the Agency for Health Care Administration,
chosen by the employee or job applicant. The second laboratory must test
at equal or greater sensitivity for the drug in question as the first
laboratory. The first laboratory that performed the test for the
employer is responsible for the transfer of the portion of the specimen
to be retested, and for the integrity of the chain of custody during
such transfer.
(h) Within 5 working days after receipt of a positive confirmed
test result from the medical review officer, an employer shall inform an
employee or job applicant in writing of such positive test result, the
consequences of such results, and the options available to the employee or
job applicant. The employer shall provide to the employee or job applicant,
upon request, a copy of the test results.
(i) Within 5 working days after receiving notice of a positive
confirmed test result, an employee or job applicant may submit information
to the employer explaining or contesting the test result, and explaining why
the result does not constitute a violation of the employer's policy.
(j) The employee's or job applicant's explanation or challenge
of the positive test result is unsatisfactory to the employer, a written
explanation as to why the employee's or job applicant's explanation is
unsatisfactory, along with the report of positive result, shall be provided
by the employer to the employee or job applicant; and all such documentation
shall be kept confidential by the employer pursuant to subsection (8) and
shall be retained by the employer for at least 1 year.
(k) An employer may not discharge, discipline, refuse to hire,
discriminate against, or request or require rehabilitation of an employee or
job applicant on the sole basis of a positive test result that has not been
verified by a confirmation test and by a medical review officer.
(l) An employer that performs drug testing or specimen collection shall
use chain-of-custody procedures established by the Agency for Health Care
Administration to ensure proper recordkeeping, handling, labeling, and
identification of all specimens tested.
(m) An employer shall pay the cost of all drug tests, initial
and confirmation, which the employer requires of employees. An employee or
job applicant shall pay the costs of any additional drug tests not required
by the employer.
