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Drug-Free Workplace Policy and Program Template

Georgia Drug Testing Laws and Regulations

State: Georgia
Statute of Order: Ga. Code Ann. §45- 23-1 et seq. §45-20-110 et seq., 34-9-410 et seq.
Covered Employers: State government employers, public schools, and entities that furnish transportation services to school systems; private employers.
Applicant Testing: Testing authorized of applicants for state government employment, public school employment, and private employment. Applicant who refuses to be tested or who tests positive may be barred from state and public school employment for 2 years.
Employee Testing: Testing authorized, including random testing, on reasonable suspicion, as part of routine fitness-for-duty exam, after an on- the-job injury, and as part of follow-up to rehabilitation. Policy must be distributed to employees and posted. Testing confers eligibility for certain discounts and other benefits under the state's workers' compensation law. Random testing of "high risk" state government and public school employees including school bus drivers is authorized under separate provisions.
Conditions & Methods: Methods to assure privacy for employee in collection of specimen, and methods of collection, storage, and transportation that ensure noncontamination of specimen, and confidentiality of test. Confirming test after positive result.
Important Bulletpoints:
  • Compliance to the program entitles employers to a 7.5% workers’ compensation premium discount.
  • Self-insured employers are eligible for the voluntary drug-free workplace program credit by filing the appropriate application for certification.
  • Job applicants who have been awarded an offer for employment are required by law to be tested for substance abuse.
  • On-site testing is allowed under the voluntary program. Random testing is also permitted. However, neither on-site testing nor random testing are requirements for program compliance.
  • Only trained and certified persons are qualified to conduct substance abuse testing for purposes of the voluntary drug-free workplace program. The list includes, among others, an employer representative who is trained to collect specimens following approved chain of custody procedures.
  • Post-rehabilitation drug testing may be required by the employer as a follow-up in cases where the employee underwent an employee assistance program or approved rehabilitation program because of an earlier positive drug test. For employees voluntarily entering such a program, follow-up testing is not mandatory.
  • The analysis of a Medical Review Officer is strongly recommended by not necessarily a requirement for compliance.
  • As a requirement for the first year certification of a drug-free workplace program, employers must provide two hours of substance abuse education plus another 2 hours of related training for supervisors. Training for supervisors may be reduced to 1 hour per year for subsequent years.
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    Material on these pages (state drug testing laws and drug testing regulations) is provided for informational purposes only and does not constitute legal, medical or technical advice. This drug testing related information is not intended as substitute for obtaining legal advice from attorney, or a relevant medical technical or financial professional. TestCountry is not a law firm or a legal agency, therefore cannot guarantee the accuracy of this content. Drug testing laws are collected from legal and/or state sources, and it may or may not be valid by the time you are viewing it. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Global Business Support System Inc. DBA TestCountry.

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