The purpose and effect of the proposed rule is to provide clarity as to the process following a positive drug test by noncertified staff versus certified staff and employees in trainee status.

DEPARTMENT OF CORRECTIONS

RULE NO: RULE TITLE
33-208.403: Random Drug Testing of Employees
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to provide clarity as to the process following a positive drug test by noncertified staff versus certified staff and employees in trainee status.
SUBJECT AREA TO BE ADDRESSED: Random drug testing of employees.
SPECIFIC AUTHORITY: 944.09, 944.474 FS.
LAW IMPLEMENTED: 112.0455, 944.09, 944.474 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: David Arthmann, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

33-208.403 Random Drug Testing of Employees.

(1) through (12) No change.

(13) In the case of positive test results for which the employee did not or could not provide valid documentation of lawful intake of the identified controlled substance, the employee shall be notified in writing of the positive test results and the consequences of the results, in accordance with the following:

(a) First time positive test result for staff not certified under Section 943.13, F.S.

1. through 8. No change.

(b) First time positive result for staff certified under Section 943.13, F.S.

1. All employees receiving a positive confirmed drug test will immediately be placed on leave status. If the employee refuses to be placed on leave status, the Department will initiate official proceedings to remove the employee from his position.

2. All employees receiving a positive confirmed drug test will be removed from the class. The Department will offer alternate position placement in accordance with the employee’s qualifications, if such is available. If no alternative position placement is available or the employee is unwilling to accept available placement options, the employee will be dismissed in accordance with department procedure.

3. All employees will be given a mandatory referral to the employee assistance program in accordance with department procedure.

4. The Criminal Justice Standards and Training Commission will be contacted and provided with a report in accordance with established reporting procedures.

5. All employees placed in an alternate position will be required to complete the course of treatment recommended by the employee assistance program treatment provider.

6. If an employee refuses to comply with all requirements for subparagraph (13)(b)5. above, he will be dismissed in accordance with department procedure.

7. Follow-Up Testing: All employees who remain employed following a first time positive confirmed drug test will be subject to follow-up urinalysis drug testing on a quarterly, semiannual, or annual basis for up to two years thereafter, pursuant to Section 112.0455, F.S.

(c) No change.

(d) Employees in trainee or probationary status.

1. Any employee in trainee or probationary status receiving a positive confirmed drug test will be dismissed.

2. Any other governing licensure or certification board or body (relevant to the employee’s position requirements) will be contacted and provided with a report in accordance with established reporting procedures.

(14) through (19) No change.

Specific Authority 944.09, 944.474 FS. Law Implemented 112.0455, 944.09, 944.474 FS. History–New 9-11-05, Amended_________.