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.
SUMMARY: The proposed rule amends Rule 33-208.403, F.A.C., to insert “for staff not certified under Section 943.13, F.S.” in paragraph (13)(a); staff who are certified under Section 943.13, F.S., who receive a positive confirmed drug test, will be placed on leave status removed from the class and offer, if available, a non-certified position. The certified employee is given a referral to the employee assistance program and the Criminal Justice Standards and Training Commission is contacted and provided a report on the issue. These employees shall be required to complete treatment as recommended by the employee assistance program, or be dismissed, and submit to follow-up testing. The proposed rule also provides for the immediate dismissal of any employee in probationary or trainee status following a confirmed positive drug screening.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC 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 FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: David Arthmann, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE FULL TEXT OF THE PROPOSED RULE 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 non-certified 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)(b) 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_________.