Drug-Free Workplace Act.

Hello,

We live in the state of Florida. My Husband works for a drug free company for 4 years now, and is considered a model employee. They have notified the employees a few months ago that they will conduct random drug tests. My husband and 2 other workers (all minorities) have been submitted a paper to take a random drug test yesterday. They said this was totally random and orders come from corporate (which is located in another state). Although he found it strange that they selected only the most rugged (as he puts it) minorities to take the test, He took the test today with no problems. After reading the Florida Statues I have a question:

Is an Employer authorized to conduct a random drug test without "reasonable suspicion"? According to the Drug-Free Workplace Act REASONABLE SUSPICION is defined as:

(j) "Reasonable suspicion drug testing" means drug testing based on a belief that an employee is using or has used drugs in violation of the employer's policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Reasonable suspicion drug testing shall not be required except upon the recommendation of a supervisor who is at least one level of supervision higher than the immediate supervisor of the employee in question. Among other things, such facts and inferences may be based upon:

1. Observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug.

2. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance.

3. A report of drug use, provided by a reliable and credible source, which has been independently corroborated.

4. Evidence that an individual has tampered with a drug test during employment with the current employer.

5. Information that an employee has caused, or contributed to, an accident while at work.

6. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle, machinery, or equipment.

It also states where testing is conducted based on reasonable suspicion, each employer shall promptly detail in writing the circumstances which formed the basis of the determination that reasonable suspicion existed to warrant the testing. The paper that they gave my husband just stated it was a random drug test no other reason listed. Is this legal?

[annjd]

They can in some cases if the employees were aware that that may occur and were given notice...

but if you question whether this was really random, you could ask your dept of labor office to investigate,

Thank you