2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 20 - Personnel Administration
Article 6 - Drug Testing for State Employment
§ 45-20-111. Analysis of Positions Warranting Established Test; Testing Requirements, Cost, and Procedure; Disqualification From Employment for Refusing Test or Showing Positive Results

1. The head of each agency, department, commission, bureau, board, college, university, institution, or authority shall ensure an analysis is completed on all jobs in his or her organization to determine those positions whose duties and responsibilities warrant conducting an established test for illegal drugs in accordance with the provisions of this Code section. The analysis must be completed by July 1, 1995. All jobs established after this date must undergo a similar analysis no later than six weeks after establishment. An applicant for a designated position shall undergo a drug test consistent with these provisions.
2. An applicant for state employment who is offered employment in a position designated by the head of the agency, department, commission, bureau, board, college, university, institution, or authority as requiring a drug test shall, prior to commencing employment or within ten days after commencing employment, submit to an established test for illegal drugs. All costs of such testing shall be paid from public funds by the employing agency or unit of state government. Any such test which indicates the presence of illegal drugs shall be followed by a confirmatory test using gas chromatography/mass spectrometry analysis. If the results of the confirmatory test indicate the presence of illegal drugs, such results shall be reviewed and interpreted by a medical review officer to determine if there is an alternative medical explanation. If the applicant provides appropriate documentation and the medical review officer determines that it was a legitimate usage of the substance, the result shall be reported as negative. Any applicant who fails to provide an alternative medical explanation shall be reported by the medical review officer as having a positive test result. Any applicant offered employment who refuses to submit to an established test for illegal drugs or whose test results are positive shall be disqualified from employment by the state. Such disqualification shall not be removed for a period of two years from the date that such test was administered or offered, whichever is later. The board shall develop rules for the administration of the test and any verification procedures. Other covered units of state government shall also develop rules governing these procedures. The results of such tests shall remain confidential and shall not be a public record unless necessary for the administration of these provisions or otherwise mandated by other state or federal law.

(Code 1981, §45-20-111, enacted by Ga. L. 1995, p. 667, § 3; Ga. L. 2008, p. 546, § 20/SB 230; Ga. L. 2012, p. 446, § 1-1/HB 642.)

- Pursuant to Code Section 28-9-5, in 1995, "July 1, 1995" was substituted for "the effective date of this article" in subsection (a).

- 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."

Sec.

• 45-21-1. Definitions.
• 45-21-2. Establishment of employees' suggestion and awards program; implementation.
• 45-21-3. Preparation of rules.
• 45-21-4. Employment of staff.
• 45-21-5. Creation of agency committees; agency committees to review suggestions and report to commissioner.
• 45-21-6. Further investigation of suggestions or ideas by commissioner; report of findings and recommendations; board to make final determination.
• 45-21-7. Awards to employees.
• 45-21-8. Costs to be borne by board and appointing authorities.
• 45-21-9. Incentive payments not to be included in calculation of retirement benefits.

OPINIONS OF THE ATTORNEY GENERAL

This chapter provides authority for plan.

- Chapter provides authority for the State Personnel Board to develop and implement a suggestion plan for Merit System employees which could include monetary payment to classified employees for suggestions which result in substantial monetary services to the state. 1971 Op. Att'y Gen. No. 71-183.

RESEARCH REFERENCES

ALR.

- Rights and obligations under employer-employee suggestion plans, 40 A.L.R.3d 1416.