| State: | Georgia |
| Statute of Order: | Ga. Code Ann. §45- 23-1 et seq. §45-20-110 et seq., 34-9-410 et seq. |
| Covered Employers: | State government employers, public schools, and entities that furnish transportation services to school systems; private employers. |
| Applicant Testing: | Testing authorized of applicants for state government employment, public school employment, and private employment. Applicant who refuses to be tested or who tests positive may be barred from state and public school employment for 2 years. |
| Employee Testing: | Testing authorized, including random testing, on reasonable suspicion, as part of routine fitness-for-duty exam, after an on- the-job injury, and as part of follow-up to rehabilitation. Policy must be distributed to employees and posted. Testing confers eligibility for certain discounts and other benefits under the state's workers' compensation law. Random testing of "high risk" state government and public school employees including school bus drivers is authorized under separate provisions. |
| Conditions & Methods: | Methods to assure privacy for employee in collection of specimen, and methods of collection, storage, and transportation that ensure noncontamination of specimen, and confidentiality of test. Confirming test after positive result. |
| Pass Drug Testing Bulletpoints: |
|
1. The Georgia Drug Testing Policy
Georgia is a voluntary state. Therefore, when employers choose to avail
financial incentives offered by the State, that employer is required to
conduct the testing as per State Law. The common law would apply if the
employer chooses not to avail the benefits. A 7.5% premium discount is
available for employer’s DFWP program. An identical premium discount applies
to employers who are self insured also.
2. Who should test?
Contractors receiving contracts valued $25,000 or more are required to
certify having implemented a program to prevent substance abuse. Public
employees engaged in high risk occupations may be subjected to drug testing
at random. Testing positive or a refusal to submit to test can lead to
termination of services.
3. What are the drug types to be tested?
There are no limitations or restrictions. However, under the DFWP 10 drugs
identified for testing are: Marijuana, Cocaine, Amphetamine, methadone, PCP,
methaqualone, barbiturates, opiates, propoxyphene, benzodiazepines, and
corresponding metabolites.
4. What are the costs?
All costs are to be borne by the employer. However, when an employee
requests re-test and treatment, such costs shall be borne by employee.
5. Testing policy in writing
60 days prior to the initial job offer, or testing, employees and applicants
shall be notified in writing of the DFWP. Such notification can be posted in
prominent locations such as a notice board for vacancies. The notification
shall also inform the location where the full policy can be viewed.
6. Where should the tests be performed
All tests are to be performed according to Federal Rules. However, employers
not availing cash benefits are at liberty to use onsite or instant test
kits. Certification does not require the services of an MRO. But, employers
are encouraged to use an MRO’s services for validating a confirmed test
result.
7. Post rehabilitation testing required
Employees who tested positive and return after rehabilitation must be
required by the employer to submit themselves to a SAT or substance abuse
test as a follow-up measure of the program.
8. Testing procedure
There are no limits or restrictions prescribed in general. Under the DFWP
testing of existing employees as well as part of a pre-employment drill are
permitted. On-site testing using Urine and where necessary, additional test
using oral fluids “that satisfies the testing criteria” as laid out under
the rules is permitted for employees in current employment. The tests must
be conducted by qualified and trained individuals.
9. State peculiarity
The voluntary DFWP is not applicable to the state and departments under it
which are self insured. However, self insured can file a certificate to
qualify. All information received through testing is confidential. Exception
provided is that such information can be used to defend the employer if it
is relevant in cases such as a hearing for workers’ compensation.
PASS A DRUG TEST IN GEORGIA
