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State Workers Drug Test Plans Delayed, Except For Dept. Of Corrections
June 17, 2011
Gov. Rick Scott has at least temporarily backed away from requiring drug tests for state workers, putting the plan on hold amid a constitutional challenge.
Scott, who issued an executive order in March requiring the tests, quietly sent a memo to agency heads last week suspending implementation. The plan will only continue moving forward at the Department of Corrections — which already tests most of its employees.
In the memo, Scott said he is “confident that the drug testing called for in the order is consistent with the constitution, with the government’s rights as an employer and with sensible practice to ensure a safe, effective, productive and fiscally accountable workforce.’’
But Scott also said that while the federal court challenge is pending, it “does not make sense for all agencies to move forward with the logistical issues involved in instituting the new policy.’’
The American Civil Liberties Union of Florida, however, said Scott was backtracking from the drug-testing plan. The ACLU filed the lawsuit May 31 and contends that the plan violates the U.S. Constitution’s ban on unreasonable searches and seizures.
“This is nothing less than a massive and embarrassing retreat on the part of Gov. Scott,’’ ACLU Executive Director Howard Simon said in a statement posted on the group’s website. “Despite his continuing rhetoric, he must now realize that Floridians won’t simply roll over but will stand up and defend our constitutional rights.’’
Added Randall Marshall, the group’s legal director: “We are pleased that this new order has delayed subjecting thousands of state employees to demeaning, invasive and illegal tests of their bodily fluids. But it does not change our constitutional challenge.’’
After a Cabinet meeting Thursday, Scott insisted that the decision was simply a minor — and temporary — delay.
“We’re going forward with it,’’ Scott said. “We’re going forward, it’s just a process.’’
Scott said taxpayers expect state workers to be drug free, and he was committed to finding a way to implement the plan.
“The private sector does this all the time,’’ Scott said. “Our citizens of this state expect our workers to be productive.’’
Scott’s March executive order called for drug testing before workers are hired and random testing for already-hired workers. It raised the possibility of employees being tested at least quarterly.
The executive order gave agencies 60 days to amend drug-testing policies and notify employees. Agencies were supposed to begin tests for prospective employees immediately after the policy amendments and start random tests 60 days after notifying current employees.
Scott’s memo last week, however, indicates that state officials had been working on the “feasibility and logistical steps” of multi-agency contracting for testing services. With that process ongoing, agencies did not have to meet the executive order’s deadlines for starting the tests.
Two of Scott’s spokesmen downplayed the suspension of the testing plan Thursday, with press secretary Lane Wright saying the governor is “not backing off.’’
Deputy Communications Director Brian Hughes said the governor’s office had built in time for implementing the program to account for possible logistical problems.
Hughes said the Department of Corrections was told to continue with the program because it already tests many employees and was ready to move forward.
Gretl Plessinger, a spokeswoman for the prisons agency, said correctional officers and probation officers are already subject to drug testing. She said the executive order also will lead to testing of administrative staff.
Comments
20 Responses to “State Workers Drug Test Plans Delayed, Except For Dept. Of Corrections”
not that this would be DOT testing, but you got the idea right
Employers can’t fire someone who is on a legal medication prescribed by a doctor. Good grief people.
Do a Google search on DOT drug testing and Non-DOT drug testing to see the items tested.
People do not have to abuse legal medication and still be looked down on. Let all employers drug test everyone and fire people because now they know what meds you are on. You know meds do change the way people can do their jobs.
Is it not okay for an employer to determine the hiring standards of employees? If an employer wants to drug test, so be it.
It would be up to the individual to decide whether or not to 1) submit to a drug test for employment; 2) look for an employer who doesn’t do drug testing; or, 3) don’t do illegal drugs or abuse legal ones.
I don’t know, sounds simple to me.
Wow you know whats messed up about this is that when they start drug testing all the ADHD meds are going to show up and then your employers are gonna think people have problems maybe even some other psch. meds I dont have a problem being tested but how will they use this against people. How about pain meds will they think people have problems they might use against their employers. Its not that testing is a bad thing its just that some stuff you just shouldnt have to let the world know even if its for welfare people are state workers.
Why stop with us, your state workers Mr. Scott? I say why don’t you have the police go door to door and round up all our the Florida citizens and do drug tests for everybody! We don’t need anybody to live in this state that may test positive for any type of drug. You are already running off long time Floridians, cutting out our benifits every chance you get, lower our pay when we haven’t had a raise in over 5 years, cutting back staff to make DOC jobs more and more dangerous, and no telling what else is rolling around in that evil head of yours. Drug test everybody as soon as possible, just make sure you and your corrupt cronies are in front of the line. By the way, I love the way he portrays hisself as someone trying to help the state for working for a dollar a year when he is setting up this state to line his dirty pockets when he is out of office cuz he knows he isn’t getting reelected, he does’t care. The 78 million he spent on his campaign will be a great investment for him.
REGARDING:
“The American Civil Liberties Union of Florida, however, said Scott was backtracking from the drug-testing plan.”
The governor said he wouldn’t implement the law until certain the federal court agreed it is lawful. The ACLU is griping about him waiting?
David the befuddled
DING…DING!! i think that you won that round 429SCJ !
It’s the ‘Sandbox Theory’:
If you play in someone’s sandbox, you play by their rules; if you don’t like the rules, change sandboxes.
I like it; test them all. Why not? Many employers drug test employees.
Chill debugger no ones saying you cannot do drugs, they are just saying if you want to do drugs go work somewhere else. Im all about constituional freedoms, no one is sticking a gun to your head demanding a urine sample. I would suggest you focus on your work now so when retirement time comes you will be ready. I promise you drugs will still be here when you retire, and and as far as the coming police state, gold is over $1500 an ounce, It takes money to operate a police state. I do not think we have the credit line.
You’ve decided that simply because you’re willing to give up your God-given rights to be secure in your own person & home from unreasonable searches that every one else should be forced to relinquish those rights to a corrupt government as well. (4th amendment to the US Constitution, regularly emasculated by this attitude from “citizens”, and our activist judiciary)
How special for you that you don’t feel there is any right to privacy.
You’ll LOVE the coming Police State, I’m certain.
If a person wants to do drugs, then they should seek employment with an organization that does not have a drug policy. I do not see a problem here. How did we ever make it to the moon when we cannot figure out simple crap like this!, Test them all!
I’m all for mandatory drug testing of anyone employed by the state, county, and local government’s. I think if you draw a government check you put yourself in the position of being drug tested!
Here is my problem with our new governor and all his changes. I see my husband’s paycheck go down considerably, but do I see other government works paychecks decrease? NO! Check how much the governor’s secretary or any one on his staff makes. Check the paychecks of those who work out of Tallahassee, are they going to get a pay decrease. I think not!
I think our government could use a little stream lining here in Florida, but maybe we need to look at those making the big salaries of the government’s payroll. Start at the top, the low man on the totem has already been picked apart!!! I would love to know what my husband and I are going to retire on now. Everything we were promised has been taken, stop picking the bones!!!
:”test everybody and I mean everybody.
Sick and tired of drugs…..test the stupid congress and house too.
Anyone who comes up dirty send them all to JAIL. Drugs ARE illegal.
gov. scott is correct…until the ACLUs (usual) lawsuit is settled, its not cost effective to implement the plan until its cleared up in the courts…im all for the govt elected /unelected officials being included in the testing, as well….the main reason being, it demonstrates impartialality w/the plan….i also feel that mr. mullins comments are absolutely CORRECT…and, kathy, kathy, kathy…….its too early in the morning for you to sound so bitter…hope your day gets better
ALL state & county employees (including congressmen, governor, administrative staff, etc.) should be subjected to random drug testing. If you want to receive the benefits (which are rapidly declining) of state or county paychecks, then you should agree to random testing. Many private companies require this, why not government employees?!
Mr. Mullins is absolutely correct. If you don’t like the rules to the game, take your toys & go play somewhere else !!!!!!!!!
No one has to get a drug test if they don’t want to. They just have to get a job somewhere else if they don’t want to get drug tested. Many of us, especially our military, are required drug tests to keep our employment. Drug use is not a right.
This is what I love about the republican conservatives, individual rights, tea party and all. Right to be your own boss, to be independent, pull yourself up by the boot straps. But the republican government puts a drug test on your employees and your all for it. Either two-faced, insincere, or liars are what the party is all about. Go listen to Rush Lardballls some more and get your story straight.
Why drug test state workers? Hows about testing congressmen, governers and other federal and state officals?
ThAts about stupid … They should be tested !