Current through Rules and Regulations filed through March 20, 2024
(1)
Applicability:
(a) Any individual
who will be allowed to return to work after self-disclosing a substance abuse
problem must successfully complete alcohol and/or drug testing, whichever is
applicable, and obtain a negative result before returning to work.
(b) When an individual is allowed to return
to work following a positive alcohol confirmation test result of 0.02 or higher
in a random or reasonable suspicion test, the appointing authority may require
a negative return-to-duty test before allowing the employee to return to
work.
(2)
Directive to Report:
The appointing authority is to provide the employee a written
directive specifying where to report immediately for substance abuse
testing.
(3)
Rejected
or Unsuitable Sample:
When a return-to-duty drug testing sample is rejected or
determined to be unsuitable for testing by the testing laboratory, the
appointing authority will direct the employee to appear for retesting because a
negative result is needed before the employee can return to work.
(4)
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
return-to-duty 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 agency/entity of the
disqualification from employment. The other agency/entity will dismiss the
employee.
(5)
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 from the testing facility, the
appointing authority will not return the employee to work and must dismiss the
employee.
(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 applicable 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.
