33-208.403: Random Drug Testing of Employees
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to eliminate language referring to internal management memoranda.
SUMMARY: The proposed rule removes language referring to internal department management memoranda.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
Based on information provided by the Bureau of Substance abuse, the changes do not affect operations and therefore are not expected to require legislative ratification.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 944.09, 944.474 FS.
LAW IMPLEMENTED: 112.0455, 944.09, 944.474 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kendra Lee Jowers, 501 South Calhoun Street, Tallahassee, Florida 32399-2500
THE FULL TEXT OF THE PROPOSED RULE IS:
33-208.403 Random Drug Testing of Employees.
(1) through (16) No change.
(17) 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) For staff not certified under Section 943.13, F.S.:
1. First-time positive result:
a. All such employees will be given a mandatory referral to the employee assistance program (in accordance with Department procedure).
b. through c. No change.
d. If the employee refuses to comply with all requirements of the course of treatment recommended by the employee assistance program treatment provider, she/he will be dismissed in accordance with Department procedure.
e. No change.
f. If actions by a governing licensure or certification board or body prevent placement into or ongoing employment in the previously held position, the Department will offer alternate position placement in accordance with the employee’s qualifications, if such is available. If no alternate position placement is available or the employee is unwilling to accept available placement options, the employee will be dismissed in accordance with Department procedure.
g. No change.
2. Second time positive test result.
a. No change.
b. Any 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.
(b) For staff certified under Section 943.13, F.S., who test positive:
1. No change.
2. The Criminal Justice Standards and Training Commission or other governing licensure/certification board relevant to the employee’s position requirements will be contacted and provided with a report in accordance with established reporting procedures, and the Department shall move to terminate the employee in accordance with Department procedure.
(c) Employees in trainee or probationary status.
1. No change.
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.
(18) through (21) No change.
Rulemaking Authority 944.09, 944.474 FS. Law Implemented 112.0455, 944.09, 944.474 FS. History–New 9-11-05, Amended 12-18-06, 12-3-08, 10-9-11,________.