Legal Commentary

FL Governor Orders Drug Testing For All State Employees

By Jeralyn

Via Exeuctive Order, Florida Governor Rick Scott today ordered mandatory drug testing for newly hired state employees, and periodic testing for existing employees.

Scott issued an executive order requiring each of his agencies to amend its drug testing policy within 60 days to require pre-employment screenings of all job applicants and random testing of the existing work force.

The American Civil Liberties Union, though, pointed out that a federal judge in 2004 ruled random drug testing of most state employees was an unconstitutional violation of privacy rights.

The ACLU says in order for a drug-testing requirement to pass constitutional muster, there must be some connection to safety, or some evidence of illegal drug use.

The order may also violate labor union contracts and collective bargaining rights .[More...]

Scott also cannot unilaterally order drug testing of existing employees without safety issues if they are covered by labor contracts, said Tom Brooks, a lawyer for the Federation of Physicians and Dentists...."Drug testing is considered a mandatory subject of collective bargaining" for most public employees,

One exception to those with collective bargaining rights: police officers, according to the Florida Supreme Court.

The Governor's legal aides insist the order is valid. Exemptions include:

Scott's order does not cover independent constitutional agencies and those of Cabinet members or that he jointly administers with the Cabinet. It also does not cover the Legislature or court system.

So prosecutors, judges and probation officers are exempted? What about prison guards?

Full post as published by TalkLeft on March 23, 2011 (boomark / email).