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478-1-.21 Drug and Alcohol Free Workplace Program
(1) Introduction.
The State prohibits the manufacture, distribution, dispensation, possession, or use of alcohol, illegal drugs, unauthorized drugs, inhalants, or other controlled substances during an employee's working hours or while on State premises or worksites. Employees violating the Rule are subject to disciplinary action, up to and including termination of employment.
(a)No one who is under the influence of illegal drugs, inhalants, or alcohol may enter, work, or remain on the State's work premises, operate the State's vehicles (whether owned or leased), or represent the State in any capacity. The unauthorized use of legally obtained drugs (including drugs prescribed by a health care professional) that may adversely affect job performance or safety is also prohibited. An employee using legally obtained drugs must notify his/her 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 his/her job safely.
(b) All employees must be informed of the State's Drug and Alcohol Free Workplace Program and related policies and procedures. An employee's refusal to be tested as required under this Rule, failure to appear for a scheduled test, or disruptive behavior during testing will be subject to disciplinary action, up to and including termination of employment.
(c) For the purposes of this Rule, the following terms and definitions apply in addition to those in 478-1-02 (Terms and Definitions):
1. "Adulterated Sample" is a specimen that contains a substance that is not expected to be present in human urine or a substance that is expected to be present but is at a concentration so high that it is not consistent with human urine.
2. "Alcohol" is the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohol, including methyl and isopropyl alcohol.
3. "Alcohol Concentration or Alcohol Content" is the alcohol in a volume of breath expressed in terms of grams of alcohol per two hundred and ten (210) liters of breath as indicated by an alcohol test.
4. "Alcohol Confirmation Test" is a second test following an alcohol test which indicates an alcohol concentration of 0.02 percent or greater.
5. "Alcohol Testing or Alcohol Test" is a breath test using an evidential breath testing device capable of printing results and approved by the National Highway Traffic Safety Administration and placed on its "Conforming Products List of Evidential Breath Measurement Devices" used to determine whether an individual may have a prohibited concentration of alcohol in a breath specimen. Such testing must be performed by a certified Breath Alcohol Technician.
6. "Breath Alcohol Technician (BAT)" is an individual who instructs and assists individuals in the alcohol testing process and operates an evidential breath-testing device in accordance with the regulations of the United States Department of Transportation.
7. "Chain of Custody" is the procedure used to document the handling of the urine specimen from the time the individual gives the specimen to the collector until the specimen is destroyed.
8. "Collector" is a person who instructs and assists individuals, who receives and makes an initial inspection of the specimen provided by those individuals, who initiates and completes the Custody and Control Form (CCF) and who is trained according to either United States Department of Transportation standards for DOT regulated donors or Heath and Human Services standards for non-DOT-regulated donors.
9. "Donor" is an individual who has provided a urine sample in the course of completing a drug test.
10. "Drug Testing or Drug Test" is the collection and testing of urine administered in a manner equivalent to that required by the Mandatory Guidelines for Federal Workplace Drug Testing Programs (HHS Regulations, 53 Fed. Reg.11979, et seq., as amended). This definition is applicable to pre-employment and random drug testing of P.O.S.T. certified employees.
11. "Drug Testing or Drug Test" is the collection and testing of urine administered in a manner equivalent to that required by the rules and regulations of the United States Department of Transportation (49 CFR Part 40 and Part 382, 14 CFR Part 121 Appendices I & J, and 33 CFR Part 95). This definition is applicable to pre-employment and random drug testing of employees in safety sensitive positions.
12. "Drug Testing or Drug Test" is the collection and testing of urine administered in a manner equivalent to that required by the regulations of the State of Georgia (Official Code of Georgia 34-9-415). This definition is applicable to pre-employment and random drug testing of P.O.S.T. certified and other non-regulated/non-safety sensitive positions.
13. "High-risk Work" refers to those duties where inattention to duty or errors in judgment by the incumbent while on duty will have the potential for significant risk of harm to the individual, other individuals, or the general public.
14. "Illegal Drug" includes but is not limited to marijuana/cannabinoids (THC), cocaine, amphetamines/meth-amphetamines, opiates or phencyclidine (PCP). The term illegal drug does not include any drug used pursuant to and in accordance with a valid prescription or when used as otherwise authorized by state or federal law.
15. "Individual" is an applicant or employee as defined elsewhere in this Rule.
16. "Medical Review Officer" is a properly licensed physician who receives and reviews the results of drug tests and evaluates those results together with medical history or any other relevant biomedical information to confirm positive results.
17. "Reasonable Suspicion" refers to judgment regarding an employee's behavior and/or appearance that is based on evidence found or reported, including but not limited to:
(i) An on-the-job accident or occurrence where there is evidence to indicate the accident or occurrence was in whole or in part the result of the employee's actions or inactions and/or the employee exhibited behavior or in other ways demonstrated that he/she may have illegally been using drugs or was illegally under the influence of drugs;
(ii) An on-the-job incident, such as a medical emergency, that is likely to be attributable to illegal drug use by an employee;
(iii) Observation of behavior exhibited by an employee that might render the employee unable to perform his/her job or that might pose a threat to the safety or health of the employee, fellow employees, or the general public;
(iv) Verifiable information that an employee may be illegally using drugs or under the influence of illegal drugs or alcohol;
(v) Physical on-the-job evidence of drug use by an employee;
(vi) Documented deterioration in an employee's job performance that is likely to be attributable to drug use by the employee; or
(vii)The results of other scientific test(s) that may tend to indicate possible use of drugs or alcohol
(viii)Any other action that would give an Appointing Authority reason to suspect that an employee is under the influence of an illegal drug or alcohol.
18. "Safety Sensitive Position" is any position whose incumbent is required to undergo drug and alcohol testing by regulations of the United States Department of Transportation (49 CFR Part 382.103, 14 CFR Part 121 Appendices I & J and 33 CFR Part 95). In general, such positions are those where the duties require possession of a valid commercial driver's license or other positions subject to drug and alcohol testing as required by federal law or regulation.
19. "Screening" is the collection and testing of bodily substances administered according to professionally valid procedures in accordance with accepted medical and legal standards.
20. "Split Specimen" is part of the DOT regulated urine specimen that is sent to the first laboratory and retained unopened, and which is transported to a second laboratory in the event that the individual requests that it be tested following a verified positive test of the primary specimen or a verified adulterated or substituted test result.
21. "State Employer" is any state Agency, department, commission, bureau, board, college, university, institution or authority of any branch of state government.
22. "Substance Abuse Professional" is a licensed physician (Medical Doctor or Doctor of Osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission), or marriage and family counselor. This professional must: be with knowledgeable of and experienced in the diagnosis and treatment of alcohol and controlled substances related disorders; be knowledgeable about the SAP function as it relates to employer interests in safety-sensitive duties per 49 CFR 40 for the DOT agency regulations applicable to the employers for whom they evaluate employees; be knowledgeable of the DOT SAP Guidelines; receive qualification training on seven key, defined areas by a qualified trainer; satisfactorily complete an examination administered by a nationally-recognized professional or training organization; and satisfactorily complete at least 12 professional development hours of continuing education every three years.
23. "Substituted Sample" is a specimen with creatinine and specific gravity values that are so diminished that they are not consistent with human urine.
(2) General Provisions.
(a) Other Substance Abuse Testing Programs. The provisions of this rule should not be construed to prevent an Appointing Authority from establishing any other drug or alcohol testing program, as authorized by law.
(b) Administration. Drug and alcohol testing should be conducted in accordance with applicable federal and state laws and regulations, and in accordance with procedures established by the Commissioner. The Commissioner will enter into whatever contracts are necessary to provide for testing and verification services. These testing programs should give due consideration to security of sample collection, chain of custody requirements, accuracy for testing, and confidentiality of results.
(c) Expense of Substance Abuse Testing. The expense of substance abuse testing is the responsibility of the Agency employing the individual. However, if a donor requests that a split sample of a drug test be submitted for separate analysis, or that the remaining portion of the original specimen be reanalyzed, the Appointing Authority may seek payment or reimbursement of all or part of the cost of the split specimen/reanalysis from the donor, as long as the Appointing Authority has a written policy which specifies the donor's responsibility to pay for the split sample/reanalysis. However, the Appointing Authority cannot make payment, reimbursement, or ability to pay a condition for performing the split sample/reanalysis testing. The Appointing Authority is responsible for ensuring that the split sample/reanalysis testing is performed in a timely manner.
(d) Duty Time. An employee selected for, or directed to substance abuse testing will be considered as being on duty for all time necessary to undergo the testing process, including any time that may be required for transportation to and from the sample collection facility.
(e) Reporting Drug Test Results. The State Personnel Administration or its successor agencies will receive all drug test results from the Medical Review Officer and will make available or transmit them to the appropriate Agency or Appointing Authority which has contracted with the State Personnel Administration or its successor agencies for drug testing services.
(3) Reporting for Testing.
(a) Drug Testing. Individuals who have been directed to report for drug testing must present themselves to a designated sample collection facility or an approved location within the Appointing Authority's facilities. The Appointing Authority must specify a date and time by which each individual must report for testing. The date and time should be as soon as possible, but not later than two business days following the date the individual receives notification to report.
(b) Alcohol Testing. The Appointing Authority must specify a date, time and location for an employee to report for alcohol testing. The date and time must be during a workday on which the employee is scheduled to perform safety sensitive duties. The employee must not be notified more than four hours prior to the time of the testing. The test should never be performed more than two hours before or two hours after the performance of the safety sensitive duties.
(4) Refusal or Failure to Appear for Substance Abuse Testing.
(a) An applicant who declines an offer of employment for reasons unrelated to drug testing will not be deemed to have refused testing;
(b) An individual who expressly refuses to undergo drug testing or engages in conduct that clearly obstructs the testing process will be deemed to have expressly refused testing;
(c) An individual who fails to appear for substance abuse testing after proper notification or who refused to remain readily available for testing will be deemed to have expressly refused testing;
(d) An individual who fails to provide adequate urine for drug testing without a valid medical reason will be deemed to have expressly refused testing;
(e) An individual who fails to provide adequate breath for alcohol testing without a valid medical explanation will be deemed to have expressly refused testing;
(f) If the testing laboratory and the Medical Review Officer determine that the urine sample of a donor is an adulterated sample, the donor will be deemed to have expressly refused testing; or
(g) If the testing laboratory and the Medical Review Officer determine that the urine sample of a donor is a substituted sample, the donor will be deemed to have expressly refused testing.
(5) Observed Samples.
An observed sample may be conducted by a representative of the collection facility or a subcontractor of the same sex as the donor.
(a) Criteria for Observed Sample. When a collection site representative determines that a sample temperature is outside the acceptable range of 90 through 100 degrees Fahrenheit, the sample has an unusual appearance, or unusual behavior or appearance of the donor is observed during the collection steps, the collection may be conducted as an observed sample. A sample will not be collected as an observed sample unless the necessity for it has been confirmed by a supervisor of the site representative or other appropriate collection site personnel. Any other circumstances require the approval of the Appointing Authority.
(b) An Appointing Authority may direct a sample to be collected as an observed sample if the Appointing Authority has reason to believe that the donor may attempt to alter or falsify the sample, or as otherwise provided in this Rule.
(6) Pre-Employment Drug Testing
(a) Determination of Positions Subject to Pre-Employment Drug Testing. Each Appointing Authority has conducted an analysis of all jobs utilized in the Appointing Authority's Agency to determine those positions whose duties and responsibilities warrant requiring applicants for those positions to undergo pre-employment drug testing. Any new positions established in an Agency must undergo a similar analysis not later than six weeks after the position is established.
(b) Each Appointing Authority must consult with the Commissioner before making final determinations regarding positions subject to pre-employment drug testing. The identification of positions designated as subject to pre-employment drug testing and accompanying documentation and analysis must be reported to the State Personnel Administration or its successor agencies in the form and manner prescribed by the Commissioner.
(c) Applicability. For purposes of this section, "applicant" means:
1. An individual who has been offered initial employment with an Agency in a position subject to pre-employment drug testing or who has commenced initial employment with an Agency but has not submitted to an established test for illegal drugs;
2. A current Agency employee who is an incumbent of a position not subject to pre-employment drug testing who has been offered employment in a position subject to pre-employment testing; or,
3. A current Agency employee who has been offered employment in a different state Agency in a position subject to pre-employment drug testing.
4. Applicants are required to complete a pre-employment drug test for the presence of illegal drugs prior to commencing employment or within ten days of commencing employment.
5. Applicants whose results of drug testing do not indicate illegal drug usage may be considered as eligible for employment.
(d) Disqualification from State Employment. Any applicant as defined under section "A" above whose drug test results are reported as positive by the Medical Review Officer, who expressly refuses a pre-employment drug test, or who fails to appear for a test will be disqualified from holding any position with a State employer for a period of 2 years. The State Personnel Administration or its successor agencies should notify the applicant, in writing, that he/she has been deemed to have used an illegal drug and is therefore disqualified from state employment for a period of two years from the date of notification.
(e) Separation from State Employment. Any applicant under section "A" above whose drug test results are reported as positive and who commenced employment prior to being required to report for drug testing, or who commenced employment before the results of drug testing were received by the Appointing Authority, should be immediately separated from employment. The Appointing Authority will notify the applicant of the separation and the reasons for it, but the separation cannot be appealed except as provided in other provisions of these policies.
(f) Consequences to Current Employees. If employment in the new position has not commenced, the Georgia Merit System or its successor agencies will notify the current Appointing Authority of an applicant under sections "B" or "C" above whose drug test results are reported as positive by the Medical Review Officer. The current Appointing Authority may take such action as it deems appropriate.
(g) Notice to the Georgia Merit System or its successor agencies. Each Agency must notify the Georgia Merit System or its successor agencies of any applicant who has refused or failed to appear for drug testing. The notice should include the name and address of the applicant, the date of refusal or failure to appear, and a brief statement of the circumstances.
(h) Final Determination. The decision of the Medical Review Officer regarding the verification of a positive drug test result will be final. No appeal or review of the test results by the applicant is permitted.
(7) Random Drug Testing of Employees in High-Risk Positions.
(a) Determination of High-Risk Positions. Each Appointing Authority, in consultation with the Commissioner, must determine those positions and groups of positions which require certification under the Georgia Peace Officers Standards and Training Act (P.O.S.T.) and whose incumbents regularly perform high-risk work.
1. Each Appointing Authority, in consultation with the Commissioner, must determine those non-P.O.S.T certified positions and groups of positions whose incumbents regularly perform high-risk work. Examples of these positions may include, but are not limited to: medical personnel, non-DOT regulated drivers, in-home care providers, heavy equipment operators, and electricians.
2. Positions will not be designated as high-risk if the incumbents do not regularly perform high-risk work, regardless of the fact that others in the same classification do regularly perform high-risk work.
3. Any change in duties assigned to a position that would affect the designation or non-designation of engaging in high-risk work must be reported to the Commissioner within 30 days of the change.
(b) Applicability. All employees required to be P.O.S.T. certified (including those working under a contract to provide personnel services such as medical, security, or transportation services) and who are engaged in high-risk work are subject to random drug testing for evidence of use of illegal drugs. Employees in other high-risk positions, as designated by the Appointing Authority, are subject to random drug testing for evidence of use of illegal drugs. Prior to being placed in a position subject to testing, an employee or applicant should be notified of the requirement for testing and of the consequences of a positive result or of refusal or failure to appear for testing.
(c) Selection Procedures.
1. Subject Pools. The Commissioner will establish pools composed of all positions designated as being high-risk by the appointing authorities. One pool will include all P.O.S.T. certified positions; the other(s) will include all those designated as high-risk that do not require P.O.S.T. certification.
2. Random Sample. Once each month, the Commissioner will select, at random, a sample of positions in the pool.
(d) Notice of Selection. The Commissioner will notify each Appointing Authority of positions, if any, that have been selected from the pool. The notice will contain the effective date to be used for determining the incumbent(s) to be screened and when screening will begin.
(e) Testing of Incumbents. The incumbent of the selected position as of the effective date specified in the Notice of Selection will be the employee subject to testing unless that individual is no longer employed in the Agency. Incumbents selected for random testing will be notified of the selection by the Appointing Authority.
(f) Multiple Incumbents. Should a selected position have more than one incumbent as of the specified effective date, all incumbents will be subject to testing.
(g) Incumbents on Leave. If the incumbent of a selected position was on any form of paid or unpaid leave as of the effective date specified in the Notice of Selection and the incumbent returns to duty within 30 calendar days of the effective date, the Appointing Authority should specify a date and time by which the employee must report for testing. The date and time must not be more than two business days following the date the employee returns to duty.
1. Vacant Positions. If a position was vacant as of the effective date specified in the Notice of Selection, no incumbent testing for that position will take place.
(8) Drug and Alcohol Testing of Safety Sensitive Employees.
(a) Determination of Safety Sensitive Positions. Each Appointing Authority must designate as "safety sensitive" those positions whose incumbents are regulated by one of US DOT's Operating Administrations. This includes: those who perform safety-sensitive functions as defined by the FMCSA in 49 CFR Part 382; those who perform safety-sensitive functions as defined by the FAA in 14 CFR Part 121 Appendix I and; those defined in Chapter 33 of Title 46 United States Code. The Appointing Authority will also designate as "safety sensitive" those positions subject to drug and alcohol testing by federal law or regulation.
1. Any change in duties assigned to a position that would affect the designation or non-designation of engaging in safety sensitive duties must be reported to the Commissioner within 30 days of the change.
(b) Applicability.
1. "Employee" or "applicant," for purposes of this section, means any individual who is employed or who has been offered employment in a safety sensitive position.
2. All safety sensitive employees and applicants are subject to drug and alcohol testing for evidence of use of illegal drugs and/or misuse of alcohol. Prior to being placed in a position subject to testing, an employee or applicant should be notified of the requirement for testing and of the consequences of a positive result or of refusal or failure to appear for testing.
3. Safety sensitive employees and applicants will be directed to present themselves to a designated, approved collection facility and will not be subject to on-site testing.
4. All facilities and procedures used for drug and alcohol testing of safety sensitive employees and applicants must meet all requirements established by the Department of Transportation (49 C.F.R. Part 40, Subpart B).
(c) Types of Testing.
1. Pre-Employment. Applicants for safety sensitive positions and employees who have not previously performed safety sensitive duties are required to successfully complete drug testing prior to performing safety sensitive duties.
2. Random Testing. All safety sensitive employees are subject to random drug and alcohol testing.
(i) Subject Pool. The Commissioner will establish a pool composed of all positions designated as being safety sensitive by the appointing authorities.
(ii) Random Sample. Once each month, the Commissioner will select, at random, a sample of positions in the pool. To the extent that applicable law and regulations differ, the numbers of employees to be tested and the scheduling of employee selection will be determined by the Commissioner in accordance with those laws and regulations.
(iii) Notice of Selection. The Commissioner will notify each Appointing Authority of positions, if any, that have been selected from the pool. The notice will contain the effective date to be utilized for determining the incumbent(s) to be tested and to determine the commencement of testing. Incumbents selected for random drug or alcohol testing will be notified of the selection by the Appointing Authority.
(I). Multiple Incumbents. Should a selected position have more tha
(II). Incumbents on Leave. If an employee selected for drug or alcohol testing was on any form of paid or unpaid leave as of the effective date specified in the Notice of Selection and the incumbent returns to duty within 30 calendar days of the effective date, the Appointing Authority should specify a date and time by which the employee must report for testing. The date and time must not be more than two business days following the date the employee returns to duty.
(III). Post-Accident Testing. Any employee performing safety sensitive duties who is involved in an on-the-job vehicular accident is required to undergo drug and alcohol testing as soon as possible following the accident when:
I. The accident involved the loss of human life;
II. The employee received a citation for a moving traffic violation arising from the accident and the accident resulted in injury to a person who immediately receives medical treatment away from the scene of the accident; or
III. The employee received a citation for a moving traffic violation arising from the accident and one or more motor vehicles incurred disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.
IV. If the accident involved the loss of human life, any employee present in the vehicle at the time of the accident will be required to undergo drug and alcohol testing.
V. Under no circumstances will an employee who may be subject to post-accident testing consume alcohol between the time of the accident and the administration of an alcohol test or until efforts to administer such test have been discontinued.
VI. An alcohol test should be administered within two hours following an accident. If for any reason the test cannot be administered within eight hours of an accident, the Appointing Authority will cease attempting to administer the test.
VII. A drug test will be administered as soon as possible following an accident, but not later than 32 hours following an accident.
VIII. In any instance in which an employee is not tested within specified time limits, the Appointing Authority must prepare and maintain on file a record of the reasons the test was not promptly administered.
(d) Return-to-Duty. Any employee who has been subject to alcohol testing and whose test result indicates that he/she has misused alcohol must undergo a return-to-duty test. The test must indicate an alcohol concentration of less than 0.02 percent before the employee can be returned to safety sensitive duties.
(e) Follow-Up. Following a determination by a Substance Abuse Professional that an employee is in need of assistance in resolving problems associated with alcohol misuse, the Appointing Authority will ensure that the employee is subject to unannounced follow-up alcohol testing. Mandatory follow-up testing will be conducted only when the employee is scheduled to perform safety sensitive functions. Testing must be conducted at least six times in the first 12 months following return to safety sensitive duty and may, upon the recommendation of the Substance Abuse Professional, be continued for up to 60 months.
(f) Reasonable Suspicion. Any employee may be required to submit to drug and/or alcohol testing when the Appointing Authority has reasonable suspicion to believe that he/she has used illegal drugs or is under the influence of illegal drugs or alcohol while on duty. The determination of reasonable suspicion should be made by a supervisor or other official who is trained to make those determinations. (The training will consist of one hour of illegal drug training and one hour of alcohol training which covers physical, behavioral, speech and performance indicators of probable illegal drug use or alcohol misuse.) A written record, signed by the observing official, must be made to document the observations. Alcohol testing may be conducted only when the employee is scheduled to perform safety sensitive duties.
(g) Alcohol Testing Results. Any employee whose test indicates an alcohol concentration of 0.02 percent or greater will be given an alcohol confirmation test not less than 15 minutes nor more than 20 minutes after the original test.
1. Any employee whose alcohol confirmation test indicates an alcohol concentration of 0.02 percent or greater will be immediately removed from safety sensitive duties for a period of not less than 24 hours. Any disciplinary or adverse action deemed appropriate by the Appointing Authority may also be imposed.
2. An employee removed from duty will be deemed to have voluntarily forfeited pay for any scheduled duty time during the 24 hour period immediately following the removal. The employee will be notified, in writing, of the forfeiture of pay.
3. Any employee whose alcohol confirmation test indicates an alcohol concentration of 0.04 percent or greater will not be returned to safety sensitive duties until the employee has been evaluated by a Substance Abuse Professional and is able to provide documentation that the Substance Abuse Professional has certified that he/she is fit to return to duty.
4. Any employee whose alcohol confirmation test indicates an alcohol concentration of 0.02 percent or greater will not be returned to safety sensitive duties until a subsequent test indicates an alcohol concentration of less than 0.02 percent.
(9) On-Site Drug Testing.
(a) Testing. Upon establishment of a written policy, an Appointing Authority may conduct on-site drug testing according to the provisions of these policies, for any type of drug testing except testing of safety sensitive employees.
(b) On-site facilities and procedures must meet all requirements established by the Official Code of Georgia 34-9-415 for drug testing.
(c) On-site collectors meeting the training requirements set forth by the Official Code of Georgia 34-9-415, are the only persons authorized to collect urine specimens for drug testing.
(d) Testing devices used for on-site drug testing must meet the requirements of the regulations established by the United States Food and Drug Administration (21 CFR Part 800).
(e) Observed Collection. If an individual demonstrates behavior that meets the requirements for an observed collection as described earlier in this Rule, the individual will be required to report to an approved collection site to have the observed collection performed by a representative of the collection facility or an approved subcontractor of the same sex as the donor.
(f) On-Site Test Results. On-site negative results are not subject to further analysis. The collection device should be disposed of immediately in the proper manner as described by the manufacturer. The Custody and Control form should be retained in the office of the official conducting the test for a minimum of 30 days.
(g) The Appointing Authority must report the results and the Chain of Custody form information in a method and timeframe established by the State Personnel Administration or its successor agencies.
(h) Non-negative results must be submitted under complete chain of custody to a Substance Abuse and Mental Health Services Administration certified laboratory for confirmation testing including re-screen, gas chromatography/mass spectrometry confirmation and MRO review.
(i) The Appointing Authority may not take action until a certified laboratory has confirmed a positive initial test to the Georgia Merit System or its successor agencies.
(j) The Medical Review Officer must adhere to the following reporting and contact procedure for confirmation testing.
(10) Medical Review Officer Review Procedure.
(a) Laboratory Reports. The testing laboratory must forward the results of all drug tests to the Medical Review Officer, who must assure the security of such results.
1. Negative Results. The Medical Review Officer must forward negative results of drug tests to the Georgia Merit System or its successor agencies as soon as practicable.
2. Positive Results. Laboratory reports indicating the presence of an illegal drug(s) will be retained by the Medical Review Officer until a final determination is reached. Such information is confidential and will only be available to the Medical Review Officer or designee and the affected donor. Positive laboratory reports will be reviewed and determinations of legal or illegal usage will be made in accordance with procedures established by the Medical Review Officer.
(b) Contact Procedure. The Medical Review Officer will, upon receipt of a positive laboratory report, attempt to contact the donor who provided the urine sample at the daytime or home phone number indicated on the drug testing form. The Medical Review Officer will attempt to determine if there is an alternative medical explanation for the positive report.
1. If the donor expressly refuses to discuss with the Medical Review Officer the results of a drug test, declines the opportunity to provide an explanation of the results, or admits to the usage of an illegal drug(s), the Medical Review Officer, without further action or review, will report to the Georgia Merit System that the results of the drug testing indicate that the donor has used an illegal drug(s).
2. If the Medical Review Officer is unable to directly contact the donor within 2 business days of the initial attempt, he/she will contact the Georgia Merit System or its successor agencies who will contact the appropriate Appointing Authority. The Appointing Authority will attempt to contact the donor and will inform the donor that he/she must personally contact the Medical Review Officer by the end of the next business day, or he/she will be considered to have tested positive for the use of illegal drugs.
3. If the Appointing Authority is unable to contact the donor within 2 business days of the initial attempt, the Appointing Authority will notify the Medical Review Officer. The Medical Review Officer will then deem the donor to have tested positive for the use of illegal drugs.
(i) Reporting Determination of Illegal Drug Usage. If a donor is unable to provide an alternative medical explanation for the presence of an illegal drug(s), the Medical Review Officer, after appropriate review, will notify the Georgia Merit System or its successor agencies that the test result is positive.
(11) Substance Abuse Testing Results.
(a) Rejected or Unsuitable Sample. A donor whose urine sample is rejected or determined to be unsuitable by the testing laboratory for any reason other than that it is an adulterated or substituted sample, may in the discretion of the Appointing Authority, be directed to appear for retesting. The retesting may be conducted as an observed sample.
(b) Negative Test Results.
1. Transmittal. The Georgia Merit System or its successor agencies will make available or transmit all negative test results to the appropriate Appointing Authority as quickly as possible.
2. Usage. Negative test results may be utilized by any other Agency for any appropriate purpose for a period of 30 calendar days after the date the test was administered.
3. Positive Results. An individual whose results of substance abuse testing indicate that the individual has used an illegal drug(s) will be subject to disciplinary action as specified in other provisions of this Rule or as deemed appropriate by the Appointing Authority.
4. Confidentiality of Results. A report from a Medical Review Officer that a donor has used an illegal drug(s) is accessible only to staff of the Appointing Authority and the Georgia Merit System or its successor agencies as necessary to comply with these polices or with state and federal law, and will not be considered a public record. The Appointing Authority and the Commissioner should establish policies to assure the confidentiality of such information and to identify those employees who are entitled to the information.
(12) Dismissal.
This is the exclusive procedure for dismissal under the provisions of this Rule.
(a) If an employee expressly refused to appear for substance abuse testing or was determined by the Medical Review Officer to have used an illegal drug, the Appointing Authority will notify the employee, in writing, of immediate termination of employment. The termination will be effective as of the date of the notice. The employee will also be disqualified from holding any position with a State employer for a period of 2 years from the date of the notice.
(b) See Rule 478-1-24 for dismissal procedures for classified employees under this provision.
(c) For employees in the classified service the dismissal will be the final determination of adverse action and must include these elements:
1. Identify the effective date of the action;
2. Identify the date the employee expressly refused substance abuse testing or the date the employee underwent drug testing; and/or
3. Indicate that the Medical Review Officer determined the employee to have used an illegal drug(s); and the specific illegal drug(s) identified;
4. Inform the employee that he/she will be disqualified from holding any position with a State employer for a period of 2 years from the notice
5. Advise the employee that he/she may appeal the action to the Board by filing an appeal with the Office of State Administrative Hearings within 10 calendar days from the date the employee receives written notice of the final action. Any filing will be considered as timely if postmarked within the time allowed for an appeal but will not be considered filed until actually received by the Office of State Administrative Hearings.
