Georgia Memo to All Employees Regarding Drug Testing
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FAQ
The provisions prohibit employers from using drug testing or the threat of a drug test to discourage workers from reporting on-the-job injuries and illnesses. Specifically, OSHA said employers shouldn't administer blanket post-accident drug tests in situations when drug use likely did not cause an injury.
4 Ways to Dispute a False Positive Drug Test While On ProbationAsk for a repeat test as soon as possible.Reveal the substances you have been taking that might have caused inaccurate result.Request a more advanced method of testing for verification.Get assistance from your union or a private attorney.
The use of recreational marijuana is illegal in Georgia. Therefore, employers may test for it without restrictions.
In Georgia, private employers do not need a mandatory drug testing policy. However, employers may choose to implement a drug-free workplace program (DFWP) certified by the Georgia State Board of Workers' Compensation.
Federal, state and local governments do not require private employers to conduct employee drug tests, but they do establish drug testing programs, regulations and policies for their own civil service jobs. If you work as a civil service employee, you must comply with regulations on drug testing or risk losing your job.
Georgia drug testing compliance does not specify which drugs are tested in the workplace. However, under Georgia's voluntary law, employers test for amphetamines, cannabinoids, cocaine, phencyclidine (PCP), methadone, methaqualone, opiates, barbiturates, benzodiazepines, and propoxyphene.
Usually not. Some courts have found it to be an unfair invasion of privacy to watch employees urinate. However, most courts have held that it is reasonable to enforce other safeguards that protect against tampering with urine specimens.
(See O.C.G.A. § 34-9-413.) Under DFWP rules, random substance abuse testing is permitted but not required of employers.
Georgia, like a number of other states, has a drug-free workplace program regulating drug testing. Employers who establish such a program, as certified by the state's Board of Workers' Compensation, can qualify for a discount on their workers' compensation insurance premiums.
(OCGA 34-9-416 a)) IMPORTANT: See definition of Employee Assistance Program (EAP). A comprehensive EAP provides four of the five components of a certified drug-free workplace program: 1 assistance in policy writing, 2 employee education and awareness, 3 supervisor training, 4 and employee assistance.
