Georgia – State Law Drug & Alcohol Testing Issues at a Glance

PocketPart40 State Laws at a Glance is a collaboration with professionals across the workplace drug testing industry to provide a free resource on workplace drug testing laws, regulations, legislation, issues of interest and significant case authority. See disclaimer below.

1) Summary

All types of testing with no restrictions; All testing procedures with no specific requirements, unless employer’s wish to comply with Workers’ Compensation Premium Reduction Act.

2) Workers Compensation Voluntary Premium Reduction State (if yes see below)

Yes

3) Employers Covered by Federal Drug Free Workplace Act

Yes

4) State Constitution Privacy Provision

No

5) Penalties and Remedies for Employer Non-Compliance

No

6) Significant Testing Restrictions

No

7) Disability Coverage

8) Drug and Alcohol Testing Restrictions

Only under Workers’ Compensation Voluntary Premium Reduction Act.

9) Worker’s Compensation Disqualification Laws

Yes

10) Unemployment Compensation Disqualification Laws

Yes

11) Alcohol Cut-off Levels

Not Specified

12) Substances Allowed for Testing

Amphetamines, cannabinoids, cocaine, PCP, methadone, methaqualone, opiates, barbiturates, benzodiazepines, propoxyphene, of a metabolite of any such substances

· Substances Cut-off Levels

SAMHSA or CAP

13) Drug Specimen Types

Tissue, blood, breath, urine, saliva

14) Types of Drug Testing and Restrictions

· Pre Employment

Required under Workers’ Compensation Voluntary Premium Reduction Act

· Reasonable Cause

Required under Workers’ Compensation Voluntary Premium Reduction Act

· Random

Permitted but not required under Workers’ Compensation Voluntary Premium Reduction Act

· Post Accident

Required under Workers’ Compensation Voluntary Premium Reduction Act

· Follow-up Testing

Required under Workers’ Compensation Voluntary Premium Reduction Act

15) Restrictions on Types of Workplace Drug Tests

16) Collection Procedures

· Generally

· Observed Collections

If reasonable cause exists that individual tampered with specimen

· Split Specimen

Not Specified

17) Drug Testing Falsification Law

No

18) Point-of-Collection Device

· Urine

· Oral Fluids

19) Safety-Sensitive Restriction

Not Specified

20) Laboratory Based Testing

· Laboratory Certifications

NIDA or CAP

· Oral Fluids

Allowed

· Hair Testing

Allowed

21) Notification of Test Results

Within 5 days of receipt of result employee must inform the employee that he/she tested positive, the consequences of testing positive, and the options available to the job applicant or employee

22) Rehabilitation Requirements

It is required to explain any EAP to employees, informing them of the benefits and services of the EAP and notify employees of the policies and procedures regarding access and utilization of the program and must post the names of EAP providers in the area.  In addition, the Company must maintain and notify employers of a resource file of employee assistance providers

23) Retest Required

Within five (5) days of receipt of verified positive test results, the applicant/employee will be informed in writing of the test result as well as the consequences and options available to the employee.  Applicants and employees who test positive will have five (5) days to explain or challenge the test results.

24) Wage Payment Requirements

Employer Responsibility

25) Disciplinary Action Restriction

26) State CDL DMV Reporting

27) State Medical Marijuana Laws

No

28) Union Agreements

29) Unique to State Issues

30) State Enforcement Agency

31) Web Resources

32) Significant Case Authority

33) Workers Compensation Premium Reduction Statute Citation

· Amount of Premium Reduction

7.5%

· Written Drug Testing Policy Requirements

General policy statement regarding drug use; the types of testing and consequences of a positive test result or refusal to submit to testing; Statement regarding the existence of the Act; A confidentiality statement; Statement explaining the availability of any EAP or other means of assistance;  Procedure for employees to contest or explain a positive test result; The requirements of the federal Drug-Free workplace Act. 

· Specifies Testing Circumstances

Yes

· Specimen Type and Panels

Tissue, blood, breath, urine, saliva; 10 Panel

· Who Pays for Testing Costs

Employer

· Timing of Testing

· Laboratory Requirements Generally

· Training Requirements

Required for employees semiannually the first year of certification (2 hours). At the second year and thereafter, the employer must provide all employees with annual education program. In the first year of certification the employer must provide the supervisor with a minimum of two hours of supervisor training and during the second year and any consecutive year a supervisor must have a minimum of one hour of supervisor training.

· Collection Procedure Required

(1) A specimen shall be collected with due regard to the privacy of the individual providing the specimen and in a manner reasonably calculated to prevent substitution or contamination of the specimen; (2) Specimen collection shall be documented specimen for a test may be taken or collected by any of the following persons: (A) A physician, a physician's assistant, a registered professional nurse, a licensed practical nurse, a nurse practitioner, or a certified paramedic who is present at the scene of an accident for the purpose of rendering emergency medical service or treatment; (B) A qualified person certified or employed by a laboratory certified by the National Institute on Drug Abuse, the College of American Pathologists, or the Georgia Department of Human Resources; (C) A qualified person certified or employed by a collection company;

· MRO Review Requirements

Not required but strongly suggested. Substance abuse records should be maintained in a medical file and not a personnel file. If employer does not use an MRO, employer may ask job applicant or employee for evidence of a prescription that may have affected the test result.

· Positive Result Notification Requirements

Within 5 days of receipt of result employee must inform the employee that he/she tested positive, the consequences of testing positive, and the options available to the job applicant or employee

· Confidentiality Requirements

All information received by the employer as a result of its testing program is considered confidential, but may be received in evidence, obtained in discovery, or disclosed in any civil and administrative proceedings.

· EAP Requirements

Employers must inform employees of any available EAP.

· SAP Requirements

Not Specified

· Recordkeeping Requirements

· Re-Testing Required

Yes, Within five (5) days of receipt of verified positive test results, the applicant/employee will be informed in writing of the test result as well as the consequences and options available to the employee.  Applicants and employees who test positive will have five (5) days to explain or challenge the test results.

· Employee Opportunity to Explain

Applicants and employees who test positive will have five (5) days to explain or challenge the test results

· Application Submission to State

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This blog is for educational purposes only and does not constitute legal advice. "No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers."

PocketPart40 Editors:

Tommy Eden is a management labor & employment law attorney with Constangy, Brooks & Smith, LLP who is licensed to practice in Alabama and Georgia.
teden@constangy.com or call 334-241-8030

Dr. C.B. Thuss, Jr. is a Certified Medical Review Officer. cthuss@gmail.com or 205-283-1040

Mary Hines is past president of SAPAA and owner of Simple Path training and compliance solutions. maryhines@gmail.com or 214-697-1249

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