Current through Rules and Regulations filed through March 20, 2024
(1)
Applicability:
Positions that regularly require high-risk work are subject to
random drug testing and may be subject to random alcohol testing. Employees
whose position is randomly selected for substance abuse testing must neither
refuse testing nor receive a positive result as a condition of
employment.
(a) All employees required
to be certified under the Georgia Peace Officers Standards and Training Act
(P.O.S.T.) and who regularly perform duties where inattention or errors in
judgment would have the potential for significant risk of harm to the
individual or others are in high-risk positions and subject to random drug
testing. An appointing authority may also designate incumbents in high-risk
positions for random alcohol testing.
(b) Non-P.O.S.T. certified employees
determined by their appointing authority to be employed in positions designated
as regularly requiring high-risk work are subject to random drug testing. An
appointing authority may also designate incumbents in high-risk positions for
random alcohol testing.
(c) Prior
to placing an employee in a high-risk position subject to random substance
abuse testing, the appointing authority should notify the employee of the
testing requirement and the consequences for a positive result or testing
refusal.
(d) Random substance abuse
testing is applicable for all jobs determined to be high-risk, regardless of
the type of employment (full-time, part-time, hourly, temporary,
paid-student/intern, etc.).
(2)
Determination of High-Risk
Positions Subject to Random Substance Abuse Testing:
(a) Each appointing authority shall
determine, in consultation with the DOAS Commissioner or designee, which
positions within the agency/entity regularly perform high-risk work and
designate these positions for random substance abuse testing. Examples of
high-risk positions may include, but are not limited to: P.O.S.T. certified law
enforcement positions, firefighters, medical staff, non-federally regulated
drivers, in-home care providers, heavy equipment operators, electricians,
pilots, and aircraft mechanics.
(b)
Positions will not be designated as high-risk if the incumbents do not
regularly perform high-risk work, even if others in the same classification do
regularly perform high-risk work.
(c) The appointing authority will update a
position's designation, as needed, when assigned duties change.
(3)
Selection
Procedures:
(a) Subject Pools:
1. The DOAS Commissioner will establish pools
composed of the positions designated as being high-risk by the appointing
authorities.
2. The DOAS
Commissioner establishes the random selection rate for each pool.
3. The appointing authority has discretion to
select which high-risk pool to use for each high-risk position based on
P.O.S.T. certification, the rate of selection, and whether random alcohol
testing will apply.
(b)
Random Sample:
The DOAS Commissioner or designee will periodically direct that
a sample of positions be randomly selected from each pool. Random selection is
made such that each position within a pool has an equal chance of being
selected each time.
(c)
Random Selection Notice:
The DOAS Commissioner or designee will notify each appointing
authority of positions, if any, that have been selected from the pool. The
notice will contain the effective date to be used for determining the
incumbent(s) to be tested and when testing will begin.
(4)
Who to Test:
(a) The incumbent of each selected position,
as of the effective date specified in the random selection notice, will be
subject to testing, unless that individual is no longer assigned high-risk
work.
(b) Multiple Incumbents:
Should a selected position have more than one incumbent as of
the specified effective date, all incumbents will be subject to testing.
(c) Vacant Positions:
If a position was vacant as of the effective date specified in
the random selection notice, no incumbent testing for that position will take
place.
(5)
When to Test:
(a) Selected
employees may be tested during a 30-calendar-day period that begins on the
effective date specified in the random selection notice.
(b) Whenever possible, the appointing
authority should send selected employees for testing on the effective date
specified in the random selection notice.
(c) To accommodate scheduling, workload, or
other business needs, the appointing authority may delay issuing the testing
directive to an employee until a later date and time when operations will not
be unduly disrupted. The testing date should be as soon as possible and must be
within 30 calendar days following the effective date specified in the random
selection notice.
(d) Random
testing is not permitted before the effective date specified in the random
selection notice.
(e) Incumbents on
Leave:
If the incumbent of a selected position was on any form of paid
or unpaid leave as of the effective date specified in the notice of random
selection and returns within 30 calendar days of the effective date, the
appointing authority is to send the incumbent for testing as soon as possible
following the return-to-duty and within the 30-calendar-day testing window. If
the incumbent does not return to work within the 30-calendar-day testing
window, the incumbent is not sent for testing.
(6)
Directive to Report:
The appointing authority is to provide each employee whose
position was selected for random substance abuse testing a written directive to
report. The directive must specify when and where the employee is to report for
testing. Whenever possible, the directive should not be given to the employee
in advance of the time to proceed for testing. If it is not possible to direct
an employee to report immediately for testing, the appointing authority may
specify a date and time by which to report. For random drug testing, such date
cannot be later than the business day after the employee receives the directive
to report. For random alcohol testing, the time to report can be no more than
two (2) hours after the employee receives the directive to report.
(7)
Rejected or Unsuitable
Sample:
When a random drug testing sample is rejected or determined to
be unsuitable for testing by the testing laboratory, the appointing authority
has the discretion to direct the employee to appear for retesting.
(8)
Consequences of Positive
Drug Testing Result or Refusal:
(a) An
employee whose drug test result is reported by the Medical Review Officer (MRO)
as positive, adulterated, or substituted, or who otherwise refuses a random
drug test will be immediately dismissed and disqualified from State employment
for a period of two (2) years from the date of testing or refusal, whichever is
later.
(b) If the employee has dual
State employment with another agency/entity, the appointing authority that
ordered testing is to notify the Department of Administrative Services (DOAS).
DOAS will notify the other agency/entity employer of the disqualification from
employment. The other employer will then dismiss the employee.
(9)
Consequences for
Positive Alcohol Result or Refusal:
(a)
An employee whose test indicates an alcohol concentration of 0.02 or greater
will be given an alcohol confirmation test not less than 15 minutes nor more
than 20 minutes after the original screening test.
(b) Upon receiving a positive alcohol
confirmation test result of 0.02 or greater from the testing facility, the
appointing authority may take disciplinary action determined appropriate, up to
and including dismissal from employment. At a minimum, the appointing authority
will not allow the employee to resume high-risk work for at least 24 hours from
the time the test was administered. If the employee is not dismissed:
1. All scheduled work time from the time of
the positive test until the employee returns to work will be charged to
suspension without pay.
2. The
appointing authority may require a negative return-to-duty test before allowing
the employee to return to work.
3.
As a condition of return to work, the appointing authority may also require an
employee with a positive alcohol confirmation test result of 0.04 or greater to
provide documentation from a Substance Abuse Professional certifying that the
employee is fit to perform high-risk work. The employee may also be subject to
follow-up testing, as recommended by the Substance Abuse
Professional.
(c) An
employee who refuses alcohol testing will be immediately dismissed and
disqualified from State employment for a period of two (2) years from the date
of refusal.
1. If the employee has dual State
employment with another agency/entity, the appointing authority that ordered
testing is to notify the Department of Administrative Services
(DOAS).
2. DOAS will notify the
other agency/entity employer of the disqualification from employment. The other
employer will then dismiss the employee.
O.C.G.A.
§§
45-20-3, 45-20-3.1, 45-20-4.
