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:
  • Compliance to the program entitles employers to a 7.5% workers’ compensation premium discount.
  • Self-insured employers are eligible for the voluntary drug-free workplace program credit by filing the appropriate application for certification.
  • Job applicants who have been awarded an offer for employment are required by law to be tested for substance abuse.
  • On-site testing is allowed under the voluntary program. Random testing is also permitted. However, neither on-site testing nor random testing are requirements for program compliance.
  • Only trained and certified persons are qualified to conduct substance abuse testing for purposes of the voluntary drug-free workplace program. The list includes, among others, an employer representative who is trained to collect specimens following approved chain of custody procedures.
  • Post-rehabilitation drug testing may be required by the employer as a follow-up in cases where the employee underwent an employee assistance program or approved rehabilitation program because of an earlier positive drug test. For employees voluntarily entering such a program, follow-up testing is not mandatory.
  • The analysis of a Medical Review Officer is strongly recommended by not necessarily a requirement for compliance.
  • As a requirement for the first year certification of a drug-free workplace program, employers must provide two hours of substance abuse education plus another 2 hours of related training for supervisors. Training for supervisors may be reduced to 1 hour per year for subsequent years.
  • 10 Things to Know To Pass A Drug Test In Georgia

    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.

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