Current through Rules and Regulations filed through March 20, 2024
(1)
Applicability:
(a) Any individual
who returns to work following the self-disclosure of a substance abuse problem
is subject to unannounced alcohol or drug testing, whichever is applicable, for
up to five (5) years.
(b) An
individual returning to work following a positive alcohol confirmation test
result of .04 or higher in a random or reasonable suspicion test may be subject
to follow-up alcohol testing at the recommendation of the treating Substance
Abuse Professional.
(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 follow-up 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 as a condition of employment.
(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 follow-up
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 employer 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 of 0.02 or greater from the testing
facility, the appointing authority 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 employer will
dismiss the employee.
O.C.G.A.
§§
45-20-3, 45-20-3.1, 45-20-4.
