SECTION 944.474. Legislative intent; employee wellness program; drug and alcohol testing.
Latest version.
1(1) 2It is the intent of the Legislature that the state correctional system provide a safe and secure environment for both inmates and staff. A healthy workforce is a productive workforce, and security of the state correctional system can best be provided by strong and healthy employees. The Department of Corrections may develop and implement an employee wellness program. The program may include, but is not limited to, wellness education, smoking cessation, nutritional education, and overall health-risk reduction, including the effects of using drugs and alcohol.
87(2) 88An employee of the department may not test positive for illegal use of controlled substances. An employee of the department may not be under the influence of alcohol while on duty. In order to ensure that these prohibitions are adhered to by all employees of the department and notwithstanding s. 138112.0455, 139the department may develop a program for the drug testing of all job applicants and for the random drug testing of all employees. The department may randomly evaluate employees for the contemporaneous use or influence of alcohol through the use of alcohol tests and observation methods. Notwithstanding s. 187112.0455, 188the department may develop a program for the reasonable suspicion drug testing of employees who are in mandatory-testing positions, as defined in s. 211440.102(1)(o), 212or special risk positions, as defined in s. 220112.0455(5), 221for the controlled substances listed in s. 228893.03(3)(d)229. The reasonable suspicion drug testing authorized by this subsection shall be conducted in accordance with s. 246112.0455, 247but may also include testing upon reasonable suspicion based on violent acts or violent behavior of an employee who is on or off duty. The department shall adopt rules pursuant to ss. 279120.536(1)280and 281120.54282that are necessary to administer this subsection.
