Rule 478-1-.21B - Pre-Employment Drug Testing for High-Risk Positions(1)Applicability:(a) Individuals offered employment in a high-risk position must successfully complete a pre-employment drug test and receive a negative result as a condition of employment.(b) Pre-employment drug testing for high-risk work applies to all employment categories (e.g., full-time, part-time, temporary, hourly, internship, etc.).(c) Pre-employment drug testing applies to new hires offered initial employment into a high-risk position and to current employees moving into a high-risk position subject to pre-employment drug testing.(2)Determination of Positions Subject to Pre-Employment Drug Testing: (a) Each appointing authority shall determine which positions within the agency/entity have high-risk work and designate these positions for pre-employment drug testing.(b) Upon creating a new position, reallocating an existing position to a different function, or changing the duties of a position, the appointing authority is to determine whether the position duties include high-risk work, then designate high-risk positions for pre-employment drug testing.(3)When to Test: Pre-employment drug testing is conducted after an offer of employment. Whenever possible, it should be completed and a negative result received before employment in the high-risk position begins. In no case can the test be conducted more than ten (10) business days after employment in the position begins.
(4)Directive to Report: The appointing authority is to provide a written directive specifying when and where to report for testing. Whenever possible, the directive should not be given in advance of the time the applicant/employee is to proceed for testing. If it is not possible to direct the applicant/employee to report immediately for testing, the appointing authority may specify a date and time by which to report. Such date cannot be later than the business day after the applicant/employee receives the directive.
(5)Rejected or Unsuitable Sample: When a pre-employment drug testing sample is rejected or determined to be unsuitable for testing by the testing laboratory, the donor will be directed to appear for retesting. The pre-employment testing program requires such retesting because a negative result is required for the applicant/employee to be eligible for employment in the position.
(6)Consequences of Positive Test Result or Refusal: Any applicant or employee whose pre-employment drug test result is reported by the Medical Review Officer (MRO) as positive, adulterated, or substituted, or who otherwise refuses a pre-employment test, will be disqualified from State employment for a period of two (2) years from the date of testing or refusal to test.
(a) If the applicant/employee has not begun employment in the high-risk position, the appointing authority will withdraw the offer of employment in writing.(b) If the applicant/employee has begun employment in the high-risk position, the appointing authority will immediately terminate employment.(c) If the applicant/employee is employed by another agency/entity, the appointing authority 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 then dismiss the applicant/employee.Ga. Comp. R. & Regs. R. 478-1-.21B
O.C.G.A. §§ 45-20-3, 45-20-3.1, 45-20-4.
Original Rule entitled "Pre-Employment Drug Testing for High-Risk Positions" adopted. F. Jan. 4, 2019; eff. Dec. 4, 2018, as specified by the Board.