How Florida’s Drug-Free Workplace Program Statutes and Rules Work Together

Many Florida employers read Fla. Stat. §§ 440.101–440.102 and think they only need a policy and a drug test to qualify for the 5% workers’ compensation premium discount. But that’s only half the picture.

The statutes outline what you must have:

• A written policy and employee notice

• Defined testing triggers (pre-employment, random, post-accident, etc.)

• Confidentiality provisions and consequences for refusal or positive tests

• Access to employee assistance resources

What the statutes don’t tell you is how the testing must be performed, and this is where many programs fall out of compliance.

Why Rule 59A-24 Matters to your Florida Drug-Free Workplace Program

Florida’s Administrative Code Rule 59A-24, issued by the Agency for Health Care Administration (AHCA), provides the technical standards for a legally valid program. These rules make sure your testing will hold up if challenged and that your insurer will honor your credit.

Rule 59A-24 covers:

• Specimen requirements (urine, hair, blood — only FDA/AHCA-approved methods)

• Collection and chain-of-custody procedures to prevent tampering

• Laboratory certification and quality controls

• Cutoff concentrations and confirmation testing (e.g., GC/MS)

• MRO review and reporting standards to protect employee rights

Failing to follow Rule 59A-24 is one of the most common reasons employers lose their discount, even if they think they have a compliant policy.

Bottom Line

To keep your 5% premium credit for your Florida drug-free workplace program, you must follow both the statutes (the “what”) and Rule 59A-24 (the “how”). This ensures your program is compliant, defensible, and insurer-approved, and protects you if an employee ever challenges a test result or discipline decision.

We Can Help You Stay Compliant and Keep Your Discount

Navigating Florida’s Drug-Free Workplace Program requirements can be tricky and many employers unintentionally lose their 5% workers’ comp credit by overlooking Rule 59A-24. At ASAP Programs, we make compliance simple. We’ll write or update your policy, set up proper testing procedures with certified labs, our MRO for review, and provide the employee education and supervisor training you need all in line with Florida law. For complete compliance requirements see Florida Drug-Free Workplace Programs.

Contact us today to ensure your program is compliant, defensible, and saving you the maximum premium discount.

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