2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 20 - Personnel Administration
Article 6 - Drug Testing for State Employment


Cross references.

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

Code Commission notes.

- 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.

Editor's notes.

- 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July 1, 1995 and applicable with respect to certain persons entering state employment on or after July 1, 1995, repealed the Code sections formerly codified at this article and enacted the current article.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.

Scope.

- 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.

Confidentiality.

- 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.

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