1302 Alcohol and Drug Testing Programs

Georgia State Seal

Georgia Department of Human Services
Human Resources Policy #1302

Alcohol and Drug Testing Programs

Release Date:

November 30, 2010

Revised Date:

June 12, 2020

Next Review Date:

References:

49 CFR Parts 40 and 382, et al. — CDL Testing
O.C.G.A. §45-20-90 et seq. — Random Drug Testing of Employees in High-Risk Jobs
O.C.G.A. §45-20-110 et seq. — Drug Testing for State Employment
Rules of the State Personnel Board 478-1-21 — Drug and Alcohol-Free Workplace Program
DHS Human Resources Policy #1301 — Alcohol and Drug-Free Workplace

The Department of Human Services (DHS) has three (3) testing programs that serve to promote an alcohol/drug-free and safe workplace. These alcohol/drug testing programs are as follows:

  1. Pre-employment (drug testing only)

  2. Random (drug testing only)

  3. Reasonable Suspicion (alcohol and drug testing).

All DHS employees are subject to alcohol and drug testing due to reasonable suspicion. In addition, employees in certain positions are subject to other testing programs due to the nature of the job duties performed. The attached list identifies all alcohol and/or drug testing programs (other than reasonable suspicion) that are applicable to each DHS job. Please refer to Attachment #1.

Section A: Pre-Employment

  1. Applicants/employees offered employment in jobs designated for pre-employment drug testing with duties similar to those listed below are required to successfully complete a pre-employment drug test.

    1. Law enforcement duties that include carrying weapons and utilizing arrest powers.

    2. Driving vehicles on state roads and highways to transport clients, customers, other passengers, or equipment.

    3. Providing social work and counseling services often directly related to substance abuse difficulties.

    4. Providing foster care, adoption, and protective services, often involving at-risk children and the elderly.

      Pre-employment drug testing is not required when current DHS employees who have previously been tested move to another job that is subject to pre-employment drug testing with no break in service.

  2. Applicants/employees offered employment in a job subject to pre-employment drug testing should be directed to report for testing after the offer has been accepted and before employment begins. Selected applicants/employees are to report for drug testing immediately upon receiving the directive to report.

Section B: Random Drug Testing

  1. DHS employees in the following jobs are subject to random drug testing:

    1. Jobs providing care to clients or customers when an act of negligence, other lapse of judgment or act of misconduct would jeopardize the safety of clients and customers.

  2. A random selection of specific positions subject to random drug testing will be made periodically. Employees in selected positions on the testing date are required to report for drug testing immediately upon receiving the directive to report.

Section C: Reasonable Suspicion

  1. Alcohol and/or drug testing may be required when there is reason to believe that an employee is under the influence of alcohol and/or illegal drugs while in the workplace or performing assigned duties. This may include alcohol and/or drug testing due to a workers' compensation accident/incident. See DHS Human Resources Policy #1701 — Workers' Compensation and Special Injury Return-to-Work Program.

  2. Reasonable suspicion may occur due to an employee’s appearance, behavior, speech, odors, or other evidence found or reported. Factors that may lead to a reasonable suspicion include, but are not limited to, the following:

    1. An on-the-job accident or occurrence where evidence indicates that an employee’s action or inaction was in whole or in part the cause, and/or the employee demonstrated in some way that the employee may be under the influence of alcohol and/or illegal drugs.

    2. An on-the-job incident, such as a medical emergency, that is likely to be a result of alcohol or illegal drug use by an employee.

    3. Direct observation of an employee’s behavior that may render the employee unable to perform assigned job duties and/or responsibilities or which may pose a threat to the safety or health of the employee, other employees, clients, customers, or the general public.

    4. Verifiable information that an employee may be under the influence of alcohol or illegal drugs.

    5. Physical on-the-job evidence of alcohol or illegal drug use by an employee.

    6. Documented deterioration in an employee’s job performance that is likely to be a result of alcohol or illegal drug use by the employee.

    7. The results of other scientific tests that indicate possible alcohol or illegal drug use.

    8. An anonymous report received which provides credible information that an employee may be under the influence of alcohol or illegal drugs and which alleges improper activity has occurred with clients and/or customers.

    9. Other action that gives reason to suspect an employee is under the influence of alcohol and illegal drugs.

  3. Before an employee is directed to take reasonable suspicion alcohol and/or drug testing, the employee’s supervisor must receive explicit approval from the Agency Drug and Alcohol Coordinator (ADAAC). The only exception is when reasonable suspicion test occurs after hours, as noted in item c below.

    1. Supervisors who observe behavior or other indicators that lead to reasonable suspicion are to immediately contact their human resource representative to discuss the specific circumstances.

    2. The human resource representative are to immediately discuss the specifics with the ADAAC. The ADAAC will approve or disapprove reasonable suspicion testing.

    3. Procedures may be established by DHS facilities operating nights and weekends for reasonable suspicion testing that occurs outside of normal business hours, which is Monday – Friday, 8:00 a.m. to 5:00 p.m.

    4. If reasonable suspicion testing is conducted outside of normal business hours, the ADAAC must be advised as soon as possible on the next working day.

  4. When it is determined that employees will be tested due to reasonable suspicion, they are to be accompanied and transported to the testing site by their supervisor.

  5. Since alcohol metabolizes rapidly, reasonable suspicion alcohol testing is to be completed at the closest testing site as soon as possible. Employees are not to be permitted to drive to or from the testing site.

Section D: Illegal Drugs

  1. Drug testing is conducted for the presence of the following illegal drugs: marijuana/cannabinoids (THC), cocaine, amphetamines/ methamphetamines, opiates, and phencyclidine (PCP).

  2. The term "illegal drugs" does not include any drug when used according to a valid prescription or as otherwise authorized by Federal or State law.

  3. An employee using legally obtained drugs must notify their supervisor and obtain prior authorization before operating a state vehicle or reporting to work if use of the drug(s) could impair the employee’s ability to perform their job safely or the safety of others.

    1. Applicants/employees who test positive for illegal drug use as a result of taking medication prescribed for someone other than themselves are not protected by this provision.

Section E: Alcohol and Drug – Free Workplace Notice

  1. The Alcohol and Drug-Free Workplace Notice (DHS Human Resources Policy #1301 Attachment #1) must be given to and signed by all applicants selected for employment.

  2. This notice must also be given to and signed by employees hired by DHS from other State departments and DHS employees who move within DHS to a job subject to different testing programs.

  3. Applicants/employees who choose not to sign the Alcohol and Drug Drug-Free Workplace Notice will not be given further consideration for the positions for which they applied.

  4. When advertising position vacancies, the applicable alcohol/drug testing requirements for the specific positions should be included on all job announcements/postings.

Section F: Work Time and Travel

  1. Employees who are on-duty and submit to alcohol and/or drug testing are considered in work status during travel time and while taking the test.

  2. FLSA non-exempt employees who exceed 40 hours of work time in a work period due to testing will be granted appropriate FLSA overtime compensation. Refer to DHS Human Resources Policy #1001 — Fair Labor Standards Act.

  3. Employees are eligible for mileage reimbursement if a personal vehicle is used to report for testing.

  4. Applicants who have not begun employment are not eligible to receive travel compensation or work time due to drug testing.

Section G: Cost

  1. The expense of ordered alcohol and drug testing based on the programs described in this policy is the responsibility of the Department.

  2. Applicants/employees who test positive for an illegal drug(s) are given an opportunity by the Medical Review Officer to request a reanalysis of the same specimen by another laboratory. The cost of such reanalysis is the responsibility of the applicant/employee.

Section H: Random Selection

  1. The Department of Administrative Services/Human Resources Administration (DOAS/HRA) will periodically select a sample of position numbers from a pool of designated positions that are subject to the random alcohol and/or drug testing programs each month.

  2. DOAS/HRA will forward this selection to the Office of Human Resources and indicate the date on which incumbents of the selected positions are to report for testing.

  3. The ADAAC will notify appropriate HR Managers/Supervisors of the selected positions and the testing date.

    1. All incumbents on selected positions on the testing date must be directed to report for testing.

    2. If a selected position is vacant on the testing date, the selection of that position should be disregarded.

  4. On the testing date if an employee selected for testing is:

    1. On any type of paid or unpaid leave,

    2. Attending mandatory training or training away from the worksite, or

    3. On an extended assignment away from the worksite performing duties not subject to testing, then the following action is to be taken:

      1. The employee must be directed to report immediately for testing upon returning to assigned duties if the employee returns within 30 calendar days of the official testing date.

      2. The employee will not be notified of selection and will not be sent for drug testing if the employee does not return to duty within thirty (30) calendar days of the official testing date.

  5. HR Managers/Supervisors are to direct selected employees to report for random alcohol/drug testing on the testing date. If employees cannot be alcohol/drug tested on the testing date due to work schedules or assignments, they are to be sent as soon as possible after the testing date.

    1. Employees must not be given advance notice of required alcohol and/or drug testing.

    2. Employees must not be sent for random testing before the testing date.

Section I: Directive to Report for Testing

  1. Any applicant/employee that is identified for testing will be contacted by their Human Resources Representative or supervisor, respectively, regarding the process.

    1. Employees directed to report for alcohol testing are to use Breath Alcohol Testing Forms available at the testing site.

Section J: Alcohol Testing Process

  1. Because alcohol metabolizes rapidly, it is important that employees ordered to alcohol testing report to the closest site, as soon as possible.

    If testing is due to reasonable suspicion, employees are to be accompanied and transported.

  2. Employees are required to bring a picture ID when reporting to the testing site.

  3. A breath test is conducted by a certified Breath Alcohol Technician at a breath testing site (e.g., medical center, testing laboratory or law enforcement agency). If a test result shows an alcohol concentration of 0.02 or greater on the first test, a confirmation test using an evidential breath testing device must be conducted not less than fifteen nor more than twenty minutes after the first test.

  4. Employees whose test result shows an alcohol concentration of less than 0.02 will be given a copy of the completed alcohol testing form. Employees are to give this copy of the completed alcohol testing form to their supervisor or human resource representative immediately upon return to work.

Section K: Refused Alcohol Testing and Consequences

  1. Employees are considered to have refused alcohol testing under the following circumstances:

    1. Expressly refusing to submit to testing.

    2. Engaging in conduct that clearly obstructs the testing process.

    3. Failing to immediately report for testing after receiving notification.

    4. Failing to remain readily available for testing.

    5. Failing to provide adequate breath for alcohol testing without a valid medical reason (e.g. a medical statement must be received which indicates that the employee is under treatment for a condition which supports the inability to provide adequate breath).

  2. Employees who refuse alcohol testing are to be immediately separated from employment and will be ineligible for future employment with DHS for a period of two (2) years. Eligibility for future employment will be made on a case-by-case basis.

Section L: Positive Alcohol Test Results and Consequences

  1. Employees whose test results show the presence of alcohol are not to return to duty or be allowed to drive a vehicle. Employees are to be placed on unapproved leave without pay for any period that they are unable to perform assigned duties. Employees should be assisted with transportation arrangements.

  2. A determination of appropriate disciplinary action, up to and including separation, will be made on a case-by-case basis.

  3. Employees who are separated based on alcohol testing results may be ineligible for future employment with DHS for a period of two (2) years. A determination will be made on a case-by-case basis.

Section M: Drug Testing Process

  1. Once directed to report for drug testing, applicants/employees are to report to an authorized collection site or an approved location within the facility with a picture ID and the appropriate drug testing form.

  2. Drug testing is conducted by collecting a urine sample. The sample is tested by a certified laboratory that follows specific collection and chain of custody procedures to ensure that the test is not compromised. Laboratory reports are forwarded to a Medical Review Officer for review and final determination of results.

  3. An observed collection may be required under the following circumstances:

    1. When the sample temperature is outside of the acceptable range of 90° to 100° F.

    2. When the sample has an unusual appearance.

    3. When the donor exhibits unusual behavior or has an unusual appearance during the collection process; and

    4. When an authorized official has reason to believe that an attempt may be made to alter or falsify a sample.

      Prior to conducting observed collections, collection site representatives should contact the Agency Drug and Alcohol Coordinator. Observed collections must only be conducted by a collection site representative, or sub-contractor, of the same gender as the donor.

  4. Applicants/employees will be given a copy of the completed drug testing form at the collection site. This form is to be given to the supervisor or alcohol/drug testing coordinator immediately after the test.

Section N: Refused Drug Testing

  1. Applicants/employees are considered to have refused drug testing under the following circumstances:

    1. Expressly refusing to submit to testing.

    2. Engaging in conduct that clearly obstructs the testing process.

    3. Failing to immediately report for testing after receiving notification.

    4. Failing to remain readily available for testing.

    5. Failing to provide adequate urine for drug testing without a valid medical reason (e.g. medical statement must be received which indicates that the applicant/employee is under treatment for a condition which supports the inability to produce a urine sample); and,

    6. When the testing laboratory and the Medical Review Officer determine that the sample has been adulterated or substituted.

  2. The ADAAC must be advised when an applicant/employee refuses drug testing.

  3. Employees who refuse testing will be immediately separated from employment.

  4. Applicants who refuse testing will have the offer of employment immediately withdrawn.

  5. Applicants/employees who refuse testing are not eligible for future employment with DHS for a period of two (2) years.

  6. In addition, applicants who are "new hires" and refuse Pre-employment drug testing are disqualified from State employment for a period of two (2) years.

  7. A copy of the separation letter or notice of withdrawal is to be forwarded to the ADDAC.

Section O: Positive Test Results and Consequences

  1. Upon receiving a positive laboratory report, the Medical Review Officer (MRO) will attempt to contact the applicant/employee at the phone numbers listed on the drug testing form to privately discuss the results. The MRO will determine if there is an alternative medical explanation for the positive report.

  2. The MRO will report the test results as positive if the applicant/employee:

    1. Expressly refuses to discuss the test results with the MRO.

    2. Declines the opportunity to provide an explanation for the results.

    3. Admits to the use of an illegal drug(s).

    4. Is unable to provide an alternative medical explanation for the presence of an illegal drug(s).

  3. If the MRO is unable to contact the applicant/employee within two (2) workdays, the ADAAC will be notified.

    1. The ADDAC will notify the appropriate human resources representative Manager/Supervisor.

    2. The human resources representative is to direct the applicant/employee to immediately contact the MRO and advise the applicant/employee that the test result will be reported as positive if the MRO is not contacted by the next workday.

    3. If the human resources representative cannot locate the applicant/employee within two (2) workdays, the ADAAC is to be notified. The ADAAC will advise the MRO, and the test result will be reported as positive.

  4. The MRO will notify the ADAAC of positive test results.

  5. The ADAAC will notify the appropriate human resources representative of positive drug test results.

  6. Employees who test positive for an illegal drug(s) will be immediately separated from employment.

  7. Applicants who test positive for an illegal drug(s) will have the offer of employment immediately withdrawn.

  8. Applicants/employees who test positive for an illegal drug(s) are not eligible for future employment with DHS for a period of two (2) years.

    Applicants who are “new hires” and test positive for an illegal drug(s) are disqualified from State employment for a period of two (2) years.

  9. It is the policy of the Department to immediately separate current DHS employees who are required to submit to Pre-employment drug testing for another job within State government and either refuse testing or test positive for an illegal drug(s). Such employees will also not be eligible for future DHS employment for a period of two (2) years.

Section P: DOL Separation Notice

  1. The reasons for separation to be entered on the DOL Separation Notice (Form DOL-800) are as follows:

    1. Classified Employees - "Dismissed from a classified position due to drug testing."

    2. Unclassified Employees - "Separated from an unclassified position due to drug testing."

Section Q: Recommendation for Re-Employment

  1. When employees are separated due to drug testing, "No Rehire" is to be selected on the Request for Personnel/Payroll Action Form. This code indicates that employees are not recommended for re-employment.

Third Party Vendor, First Source Solutions will enter an appropriate code in the drug testing results database in order to generate a warning if an agency attempts to hire an applicant/employee who has been disqualified based on pre-employment drug testing.

Section R: Confidentiality

  1. Positive test results are confidential and accessible to staff only on a “need to know” basis. Test results may, however, be referenced in separation letters for classified employees.

Section S: Records Maintenance

  1. The official alcohol/drug testing records for all DHS organizational units are maintained by OHR/Compliance Management and housed at the Two Peachtree Building in Atlanta, Georgia.

    1. All negative results will be maintained by OHR/Compliance Management for two (2) years. Records for positive and refusal results will be maintained for five (5) years.

For additional information or assistance, please contact your local Human Resources Office, or email DHS-Policies@dhs.ga.gov.