2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 20 - Personnel Administration
Article 5 - Random Drug Testing of Employees in High-Risk Jobs
§ 45-20-93. Grounds for Termination From Employment

1. Any employee conducting high-risk work found to have used an illegal drug shall be terminated from his or her employment.
2. Any employee who refuses to provide body fluid specimens, when requested to do so in accordance with the random drug testing conducted pursuant to this article and administrative rules and regulations promulgated under this article, shall be terminated from his or her employment.

(Code 1981, §45-20-93, enacted by Ga. L. 1990, p. 2028, § 1; Ga. L. 2012, p. 446, § 1-1/HB 642.)

- Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

OPINIONS OF THE ATTORNEY GENERAL

Disqualification from employment after resignations.

- There is nothing in O.C.G.A. § 45-20-93 nor in the associated State Personnel Board rules that prohibits the employee from resigning, so long as employment is terminated. However, even if the employee resigns rather than be fired, the employee must still be disqualified from future employment for at least two years under the State Personnel Board rules. 1992 Op. Att'y Gen. No. 92-25.

ARTICLE 6 DRUG TESTING FOR STATE EMPLOYMENT

Cross references.

- Drug testing of recipients of TANF benefits, § 49-4-193.

- Pursuant to Code Section 28-9-5, in 1990, Article 5 of Chapter 20 of Title 45, as enacted by Ga. L. 1990, p. 2046, § 1, was renumbered as Article 6 of Chapter 20 of Title 45, as Ga. L. 1990, p. 2028, § 1 already enacted an Article 5 of Chapter 20 of Title 45.

- Ga. L. 1995, p. 667, §§ 1 and 3, effective July 1, 1995 and applicable with respect to certain persons entering state employment on or after July 1, 1995, repealed the Code sections formerly codified at this article and enacted the current article. The former article consisted of Code Sections45-20-110 through45-20-112 and was based on Code 1981, §§ 45-20-110 through45-20-112, enacted by Ga. L. 1990, p. 2046, § 1.

Ga. L. 1995, p. 667, § 2, not codified by the General Assembly, provides the statement of legislative findings regarding the necessity for drug testing of applicants for state employment.

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- Many of the opinions noted below were rendered under this article prior to its 1995 repeal and reenactment by Ga. L. 1995, p. 667, §§ 1 and 3.

- Public agencies covered by O.C.G.A. §§ 45-20-110 and45-20-111 must require all applicants including, but not limited to, interns, seasonal, temporary and contingency employees, and substitutes, who are hired into positions on or after July 1, 1990, to submit to an established drug test administered pursuant to rules and regulations promulgated by the State Personnel Board, to determine if the employees have used one of the drugs included in the "Federal Five" prohibited drug groups. 1990 Op. Att'y Gen. No. 90-14.

O.C.G.A. §§ 45-20-110 and45-20-111 and the State Personnel Board's rules and regulations on the administration and verification of the established drug test are applicable to candidates for positions in agencies not covered under the State Merit System, like state authorities, local and independent school systems that receive state funds, and the University System. 1990 Op. Att'y Gen. No. 90-14.

O.C.G.A. §§ 45-20-110 and45-20-111 applies to applicants for local government emergency management positions which are in the classified service of the State Merit System. 1990 Op. Att'y Gen. No. 90-18.

The General Assembly intended all public employees, including court employees, to be covered by O.C.G.A. §§ 45-20-110 and45-20-111; thus, applicants for employment by the Court of Appeals should be required to submit to drug testing. 1990 Op. Att'y Gen. No. U90-12.

- Test results obtained pursuant to O.C.G.A. §§ 45-20-110 and45-20-111 may not be shared outside the realm of covered public employers and are not subject to public disclosure. 1990 Op. Att'y Gen. No. 90-14.