Current through Rules and Regulations filed through March 20, 2024
(1)
Self-Disclosure of Problem Use of Alcohol or Illegal Drugs:
An employee who notifies the appointing authority of an alcohol
or illegal drug problem shall not be dismissed from employment because of the
self-disclosure provided:
(a) The
notification is made prior to arrest for an offense involving alcohol, if the
employee is disclosing an alcohol problem, and prior to arrest for an offense
involving a controlled substance, marijuana, or a dangerous drug, if the
employee is disclosing an illegal drug problem;
(b) For employees regulated by the Federal
Motor Carrier Safety Administration (FMCSA), the disclosure is made prior to
reporting for duty to perform safety-sensitive transportation
functions;
(c) The employee has not
refused ordered substance abuse testing or tested positive for illegal drug use
or alcohol. If an employee is ordered to appear for substance abuse testing,
then self-discloses a substance abuse problem, the employee is not excused from
the ordered testing. The employee must successfully complete the testing
process and have a negative result before becoming eligible for the protection
outlined in this Section;
(d) The
notification is made in writing to an appropriate official designated by the
appointing authority and states the employee is receiving or agrees to receive
treatment under a properly licensed substance abuse treatment and education
program;
(e) The employee follows
the treatment plan which will be at the employee's expense;
(f) The employee provides certification of
satisfactory completion of the recommended treatment program; and,
(g) The employee successfully completes
return-to-duty substance abuse testing and receives a negative result before
returning to work.
(2)
Return-to-Duty Agreement and Follow-Up Testing:
(a) The appointing authority may require the
employee to sign a return-to-duty agreement as a condition of employment and be
subject to unannounced follow-up testing for illegal drugs and/or alcohol,
whichever is applicable to the disclosed substance abuse problem, for up to
five (5) years.
(b) The requirement
for follow-up testing will be based on the employer's determination that the
employee could pose a direct threat in the absence of testing and will be based
on an objective, individualized assessment of the employee and the employee's
position.
(c) The duration and
frequency of the testing must be linked to specific safety concerns.
(3)
Dismissal:
The employee's failure to complete any requirement within the
treatment and education program, failure to comply with the return-to-duty
agreement, positive test or test refusal, will result in immediate dismissal
and any applicable employment disqualification for a testing violation.
(4)
Entitlement:
This entitlement shall be available no more than once in a five
(5)-year period.
O.C.G.A.
§§
45-20-3, 45-20-3.1, 45-20-4.
