Compilation of Rules and Regulations of the State of Georgia
Department 478 - RULES OF THE STATE PERSONNEL BOARD
Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD
Rule 478-1-.21B - Pre-Employment Drug Testing for High-Risk Positions

Universal Citation: GA Rules and Regs r 478-1-.21B

Current through Rules and Regulations filed through September 23, 2024

(1) Applicability:

(a) Individuals offered employment in a high-risk position must successfully complete a pre-employment drug test and receive a negative result as a condition of employment.

(b) Pre-employment drug testing for high-risk work applies to all employment categories (e.g., full-time, part-time, temporary, hourly, internship, etc.).

(c) Pre-employment drug testing applies to new hires offered initial employment into a high-risk position and to current employees moving into a high-risk position subject to pre-employment drug testing.

(2) Determination of Positions Subject to Pre-Employment Drug Testing:

(a) Each appointing authority shall determine which positions within the agency/entity have high-risk work and designate these positions for pre-employment drug testing.

(b) Upon creating a new position, reallocating an existing position to a different function, or changing the duties of a position, the appointing authority is to determine whether the position duties include high-risk work, then designate high-risk positions for pre-employment drug testing.

(3) When to Test:

Pre-employment drug testing is conducted after an offer of employment. Whenever possible, it should be completed and a negative result received before employment in the high-risk position begins. In no case can the test be conducted more than ten (10) business days after employment in the position begins.

(4) Directive to Report:

The appointing authority is to provide a written directive specifying when and where to report for testing. Whenever possible, the directive should not be given in advance of the time the applicant/employee is to proceed for testing. If it is not possible to direct the applicant/employee to report immediately for testing, the appointing authority may specify a date and time by which to report. Such date cannot be later than the business day after the applicant/employee receives the directive.

(5) Rejected or Unsuitable Sample:

When a pre-employment drug testing sample is rejected or determined to be unsuitable for testing by the testing laboratory, the donor will be directed to appear for retesting. The pre-employment testing program requires such retesting because a negative result is required for the applicant/employee to be eligible for employment in the position.

(6) Consequences of Positive Test Result or Refusal:

Any applicant or employee whose pre-employment drug test result is reported by the Medical Review Officer (MRO) as positive, adulterated, or substituted, or who otherwise refuses a pre-employment test, will be disqualified from State employment for a period of two (2) years from the date of testing or refusal to test.

(a) If the applicant/employee has not begun employment in the high-risk position, the appointing authority will withdraw the offer of employment in writing.

(b) If the applicant/employee has begun employment in the high-risk position, the appointing authority will immediately terminate employment.

(c) If the applicant/employee is employed by another agency/entity, the appointing authority is to notify the Department of Administrative Services (DOAS). DOAS will notify the other agency/entity of the disqualification from employment. The other employer will then dismiss the applicant/employee.

O.C.G.A. §§ 45-20-3, 45-20-3.1, 45-20-4.

Disclaimer: These regulations may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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