Current through Rules and Regulations filed through March 20, 2024
(1)
Applicability:
All employees are subject to reasonable suspicion drug and/or
alcohol testing when a designated agency/entity official determines there is a
compelling reason to suspect an employee is not free from alcohol or illegal
drugs.
(2)
Indicators
Supporting Reasonable Suspicion:
Reasonable suspicion may be generated by physical, behavioral,
or performance indicators or by other evidence found or reported. Indicators
supporting reasonable suspicion include, but are not limited to:
(a) observation of behavior, appearance,
speech, or odor likely to result from alcohol or illegal drug use;
(b) an on-the-job incident, such as a medical
emergency, likely attributable to alcohol or illegal drug use by an
employee;
(c) observation of
behavior exhibited by an employee that might render the employee unable to
perform her/his job or that might pose a threat to the safety or health of the
employee or others;
(d) verifiable
information that an employee might not be free from alcohol or illegal drugs at
work;
(e) physical on-the-job
evidence or alcohol or illegal drug use by an employee;
(f) documented deterioration in an employee's
job performance likely attributable to alcohol or illegal drug use by the
employee;
(g) the results of other
scientific test(s) that indicate possible use of alcohol or illegal drugs;
or,
(h) any other specific, timely,
and describable action that would give an appointing authority reason to
suspect an employee might not be free from alcohol and illegal drugs.
(3)
Directive to
Report:
The appointing authority is to provide the employee a written
directive specifying where to report immediately for substance abuse testing.
The employee should be accompanied and not permitted to transport
her/himself.
(4)
Rejected or Unsuitable Sample:
When a reasonable suspicion 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.
(5)
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 reasonable suspicion drug test will be
immediately dismissed and disqualified from future 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
employment with another State agency/entity, the appointing authority that
ordered testing is to notify the Department of Administrative Services (DOAS).
DOAS will notify the other employer of the disqualification from employment.
The other agency/entity will dismiss the employee.
(6)
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 the disciplinary action determined appropriate,
up to and including dismissal from employment. At a minimum, the appointing
authority will not allow the employee to resume duties 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 has the discretion to require a negative alcohol test
result 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 (SAP) certifying that the employee is fit to
return to work and subject the employee to follow-up testing at the
recommendation of the SAP.
(c) An employee who refuses alcohol testing
will be immediately dismissed and disqualified from future State employment for
a period of two (2) years from the date of refusal.
1. If the employee has dual employment with
another State 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
of the disqualification from employment. The other agency/entity will dismiss
the employee.
O.C.G.A.
§§
45-20-3, 45-20-3.1, 45-20-4.
