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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 employees to a 7.5% worker’s compensation premium discount.
  • Self-insured employers are eligible for the voluntary drug-free workplace program credit by filing the appropriate form 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 is a requirement 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.
  • Contractors with state projects amounting to $25,000 and up must present a certification that they have substance abuse prevention program.
  • All public employees in high-risk jobs can be randomly tested for drug and alcohol testing. If he/she refused to take the random drug test or in the event that the drug test result is positive, the employer has the right to terminate the employee.
  • An employee found to be under the influence of controlled substances or drugs during an accident (leading to injury or death) may be disqualified from receiving remuneration or benefits.
  • An employer who discriminates particular groups of employees i.e. gender, race or age for drug testing is likely to face discrimination claim.
Medical Marijuana: The state of Georgia has not passed any house bill regarding the use/possession of marijuana for medical reasons. The concept in the establishment of a medical marijuana program is for seriously ill patients to find a way to alleviate pain by using marijuana, as recommended by a certified physician. The patient will be issued a medical marijuana card so he can purchase and/or cultivate marijuana for medicinal purposes. On March 28, 2013, the state of Georgia Legislature closed with no action from the legislators to pass a house bill to protect medical marijuana patients. The premise is that, once caught, a patient is subjected to the marijuana laws of the state.
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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 Confirm Biosciences Inc. DBA TestCountry.

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