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478-1-.09 SUBSTANCE ABUSE TESTING.
SECTION 9.100. DEFINITIONS. (06-30-98/07-07-98)
PAR. 9.101. "Adulterated specimen" means a specimen that contains a substance that is not expected to be present but is at a concentration so high that it is not consistent with human urine. [DOT rule 40.3] (04-25-02/05-21-02)
PAR. 9.102. "Alcohol" means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohol including methyl and isopropyl alcohol. (04-25-02/05-21-02)
PAR. 9.103. "Alcohol concentration" or "alcohol content" means 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. (04-25-02/05-21-02)
PAR. 9.104. "Alcohol confirmation test" means a second test following an alcohol test which indicated an alcohol concentration of 0.02 percent or greater. (04-25-02/05-21-02)
PAR. 9.105. "Alcohol testing" or "alcohol test" means 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 their "Conforming Products List of Evidential Breath Measurement Devices". Such testing shall be performed only by a certified Breath Alcohol Technician. (04-25-02/05-21-02)
PAR. 9.106. "Breath Alcohol Technician (BAT)" means 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. (04-25-02/05-21-02)
PAR. 9.107. "Cancelled Test" means a drug or alcohol test that has a problem identified that cannot be or has not been corrected. A cancelled test is neither a positive nor a negative test. (04-25-02/05-21-02)
PAR. 9.108. "Chain of Custody" means the procedure used to document the handling of the urine specimen from the time the employee gives the specimen to the collector until the specimen is destroyed. (04-25-02/05-21-02)
PAR. 9.109. "Collector" means a person who instructs and assists employees, who receives and makes an initial inspection of the specimen provided by those employees, who initiates and completes the Chain of Custody form and who is trained according to the United States Department of Transportation. (04-25-02/05-21-02)
PAR. 9.110. "Confirmation (or confirmatory) validity test" means a second test performed on a urine specimen to further support an initial validity test result. (04-25-02/05-21-02)
PAR. 9.111. "Donor" means an individual who has provided a urine sample in the course of completing a drug test. (04-25-02/05-21-02)
PAR. 9.112. "Established drug test", "drug testing" or "drug test" mean 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 drug testing conducted under the provisions of Section 9.300 and Section 9.400. (04-25-02/05-21-02)
PAR. 9.113. "Established drug test", "drug testing" or "drug test" means the collection and testing of urine administered in a manner equivalent to that required by the regulations of the United States Department of Transportation (49 CFR Part 40). This definition is applicable to drug testing conducted under the provisions of Section 9.500. (04-25-02/05-21-02)
PAR. 9.114. "High-risk work" means 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 employee, other employees, or the general public. (04-25-02/05-21-02)
PAR. 9.115. "Illegal drug" means marijuana/cannabinoids (THC), cocaine, amphetamines/meth-amphetamines, opiates or phencyclidine (PCP). The term illegal drug shall not include any drug when used pursuant to a valid prescription or when used as otherwise authorized by state or federal law. (04-25-02/05-21-02)
PAR. 9.116. "Individual" means an applicant or employee as defined elsewhere in this rule(04-25-02/05-21-02)
PAR. 9.117. "Initial validity test" means the first test used to determine if a specimen is adulterated, diluted, or substituted. (04-25-02/05-21-02)
PAR. 9.118. "Job" means a defined set of key responsibilities and performance standards encompassing one or more positions sufficiently similar in responsibilities and performance standards to be grouped together. (04-25-02/05-21-02)
PAR. 9.119. "Medical Review Officer" means a properly licensed physician who reviews and interprets the results of drug tests and evaluates those results together with medical history or any other relevant biomedical information to confirm positive results. (04-25-02/05-21-02)
PAR. 9.120. "Safety sensitive position" means 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). In general, such positions shall be 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. (04-25-02/05-21-02)
PAR. 9.121. "Shipping container" means a container that is used for transporting and protecting urine specimen bottles and associated documents from the collection site to the laboratory.
PAR. 9.122. "Specimen bottle" means the bottle, after being sealed and labeled, that is used to hold the urine specimen during transportation to the laboratory. (04-25-02/05-21-02)
PAR. 9.123. "Split specimen" means a part of the 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 employee requests that it be tested following a verified positive test of the primary specimen or a verified adulterated or substituted test result. (04-25-02/05-21-02)
PAR. 9.124. "State employer" means any state agency, department, commission, bureau, board, college, university, institution or authority of any branch of state government (04-25-02/05-21-02)
PAR. 9.125. "Substance abuse professional" means a licensed physician (Medical Doctor or Doctor of Osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances related disorders. (04-25-02/05-21-02)
SECTION 9.200. GENERAL PROVISIONS. (06-30-98/07-07-98)
PAR. 9.201. Other Substance Abuse Testing Programs. The provisions of this rule shall not be construed to prevent an appointing authority from establishing such other drug or alcohol testing programs it deems necessary. (06-30-98/07-07-98)
PAR. 9.202. Administration. Drug and alcohol testing shall be conducted in accordance with applicable federal and state laws and regulations, and in accordance with procedures established by the Commissioner. The Commissioner shall enter into such contracts as may be necessary to provide for testing and verification services. Such testing programs shall give due consideration to security of sample collection, chain of custody requirements, accuracy of testing and confidentiality of results. (06-30-98/07-07-98)
PAR. 9.203. Expense of Substance Abuse Testing. The expense of substance abuse testing shall be the responsibility of the state employer. However, if a donor requests that a split sample of a drug test be submitted for separate analysis the appointing authority may seek payment or reimbursement of all or part of the cost of the split specimen from the employee; provided, that the appointing authority has a written policy which specifies the employee’s responsibility to pay for the split sample. The appointing authority shall ensure that the split sample testing is performed in a timely manner and shall not condition the employee’s request based on payment, reimbursement or ability to pay. (04-25-02/05-21-02)
PAR. 9.204. Duty Time. An employee selected for or directed to substance testing shall be considered as being on duty for all time necessary to undergo the testing process including such time as may be required, if any, for transportation to and from the sample collection facility. (06-30-98/07-07-98)
PAR. 9.205. Reporting Drug Test Results. The Merit System shall receive all drug test results from the Medical Review Officer and transmit such results to the appropriate state employer or appointing authority. (06-30-98/07-07-98)
PAR. 9.206. Reporting for Testing. (06-30-98/07-07-98)
PAR. 9.206.1. Drug Testing. Individuals who have been directed to report for drug abuse testing shall be required to present themselves to a designated sample collection facility or an approved location within the appointing authority’s facility. The appointing authority shall specify a date and time by which each individual shall report for testing. Such date and time shall be as soon as possible, but not later than two (2) business days following the date the individual receives notification to report. (04-25-02/05-21-02)
PAR. 9.206.2. Alcohol Testing. The appointing authority shall specify a date, time, and location for reporting for testing. The date and time must be during a workday on which the employee is scheduled to perform safety sensitive duties. The employee shall not be notified more than four (4) hours prior to the time of testing. In no case shall such testing be performed more than two (2) hours before or two (2) hours after the performance of the safety sensitive duties. (06-30-98/07-07-98)
PAR. 9.207. Refusal or Failure to Appear for Substance Abuse Testing. (06-30-98/07-07-98)
PAR. 9.207.1. Any applicant defined in Par. 9.302.1 who declines an offer of employment for reasons not related to drug testing shall not be deemed to have refused drug testing. (06-30-98/07-07-98)
PAR. 9.207.2. Any individual who expressly refuses to undergo testing or engages in conduct that clearly obstructs the testing process shall be deemed to have refused drug testing. (06-30-98/07-07-98)
PAR. 9.207.3. Any individual who fails to appear for substance abuse testing after proper notification or to remain readily available for testing shall be deemed to have refused testing. (06-30-98/07-07-98)
PAR. 9.207.4. Any individual who fails to provide adequate urine for drug testing without a valid medical reason shall be deemed to have refused testing. (06-30-98/07-07-98)
PAR. 9.207.5. Any individual who fails to provide adequate breath for alcohol testing without a valid medical explanation shall be deemed to have refused alcohol testing. (06-30-98/07-07-98)
PAR. 9.207.6. Adulterated Sample. If the testing laboratory and the Medical Review Officer determine that the urine sample of a donor has been adulterated, the donor shall be deemed to have refused drug testing. (06-30-98/07-07-98)
PAR. 9.207.7. Substituted Sample. If the testing laboratory and the Medical Review Officer determine that the urine sample of a donor has been substituted, the donor shall be deemed to have refused drug testing. (06-22-00/07-14-00)
PAR. 9.208. Observed Samples. (06-30-98/07-07-98)
PAR. 9.208.1. 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. Such procedure shall not be conducted unless the necessity for such has been confirmed by a supervisor of the site representative or other appropriate collection site personnel. Any other circumstances shall require the approval of the appointing authority. (06-30-98/07-07-98)
PAR. 9.208.2. An appointing authority may direct a sample be collected as an observed sample if the appointing authority has reason to believe that a donor may attempt to alter or falsify a sample, or as otherwise provided in this rule. (06-30-98/07-07-98)
PAR. 9.208.3. An observed sample may be conducted by a representative of the collection facility or a subcontractor of the same sex as the donor. (06-30-98/07-07-98)
SECTION 9.300. PREEMPLOYMENT DRUG TESTING. (Reference: O.C.G.A. 45-20-110) (06-30-98/07-07-98)
PAR. 9.301. Determination of Positions Subject to Preemployment Drug Testing. (06-30-98/07-07-98)
PAR. 9.301.1. Each appointing authority shall, prior to July 1, 1995, conduct an analysis of all jobs utilized in the appointing authority's department. Such analysis shall determine those positions whose duties and responsibilities warrant requiring applicants for those positions to undergo preemployment drug testing. (06-30-98/07-07-98)
PAR. 9.301.2. Any jobs established in a department after July 1, 1995 shall undergo a similar analysis not later than six (6) weeks after establishment. (06-30-98/07-07-98)
PAR. 9.301.3. Each appointing authority shall consult with the Commissioner before making final determinations as to jobs subject to preemployment drug testing. The identification of positions designated as subject to preemployment drug testing and accompanying documentation and analysis shall be reported to the Merit System in the form and manner prescribed by the Commissioner. (06-30-98/07-07-98)
PAR. 9.302. Applicability. (06-30-98/07-07-98)
PAR. 9.302.1 "Applicant", for purposes of this section, means: (06-30-98/07-07-98)
(a). An individual who has been offered initial state employment in a position subject to preemployment drug testing or who has commenced such initial state employment but has not submitted to an established test for illegal drugs; (06-30-98/07-07-98)
(b). A current state employee who is an incumbent of a position not subject to preemployment drug testing; or, (06-30-98/07-07-98)
(c). A current state employee who has been offered employment in a different state agency in a position subject to preemployment drug testing.. (06-30-98/07-07-98)
PAR. 9.302.2. Applicants shall be required to complete a preemployment drug test for the presence of illegal drugs prior to commencing employment or within ten (10) days of commencing employment. (06-30-98/07-07-98)
PAR. 9.302.3. Applicants whose results of drug testing do not indicate illegal drug usage may be considered as eligible for employment. (06-30-98/07-07-98)
PAR. 9.303. Disqualification from State Employment. (06-30-98/07-07-98)
PAR. 9.303.1. Any applicant, as defined in Par. 9.302.1.(a), whose drug test results are reported as positive by the Medical Review Officer shall be disqualified from holding any position with a state employer for a period of two (2) years from the date the test was administered. The appointing authority shall, in writing, notify the applicant that the applicant has been deemed to have used an illegal drug and is therefore disqualified from state employment for a period of two (2) years.(06-30-98/07-07-98)
PAR. 9.303.2. Any applicant, as defined in Par. 9.302.1.(a), who expressly refuses a preemployment drug test or who fails to appear for such test shall be disqualified from holding any position with a state employer for a period of two (2) years from the date of refusal. (06-30-98/07-07-98)
PAR. 9.303.3. The Merit System shall notify any applicant, as defined in Par. 9.302.1.(a), reported to have refused or failed to appear for a drug test that the applicant has been disqualified from state employment for a period of two (2) years. Such notification shall indicate that the applicant may file, in writing, a request with the Commissioner or the Commissioner’s designee that the disqualification be removed. The request must be filed within ten (10) calendar days of the receipt of the notification and must include any evidence that would support the applicant's belief that the disqualification is inappropriate. (04-25-02/05-21-02)
PAR. 9.304. Separation from State Employment. Any applicant, as defined in Par. 9.302.1.(a), 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, shall be immediately separated. The appointing authority shall notify the employee of the separation and the reasons therefor, but the separation cannot be appealed except as provided in other provisions of these rules. (06-30-98/07-07-98)
PAR. 9.305. Consequences to Current Employees. If employment in the new position has not commenced, the Merit System shall notify the current appointing authority of an applicant, as defined in Par. 9.302.1.(b) or Par. 9.302.1.(c), 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. (06-30-98/07-07-98)
PAR. 9.306. Notice to the Merit System. Each state employer shall notify the Merit System of any applicant, who has refused or failed to appear for drug testing. Such notice shall include the name and address of the applicant, the date of refusal or failure to appear, and a brief statement of the circumstances. (06-30-98/07-07-98)
PAR. 9.307. REVIEWS. (06-30-98/07-07-98)
PAR. 9.307.1. The decision of the Medical Review Officer regarding the confirmation of a positive drug test result shall be final. No appeal or review as to the test results shall be permitted the applicant. (06-30-98/07-07-98)
PAR. 9.307.2. An applicant who fails to cooperate with a review of a positive drug test result by the Medical Review Officer shall not be entitled to a review by the Commissioner or the Commissioner’s designee under the provisions of Par. 9.303.3. (04-25-02/05-21-02)
PAR. 9.307.3. The Commissioner or the Commissioner’s designee shall consider all requests for review under the provisions of Par. 9.303.3 and may request any additional information necessary to reach a determination. The decision of the Commissioner shall be based on a review of the written record and shall be final. (04-25-02/05-21-02)
SECTION 9.400. RANDOM DRUG TESTING OF P.O.S.T. CERTIFIED EMPLOYEES. (Reference: O.C.G.A. 45-20-90) (06-30-98/07-07-98)
PAR 9.401. Determination of High-Risk Positions. (06-30-98/07-07-98)
PAR. 9.401.1. Each appointing authority, in consultation with the Commissioner, shall determine those classified positions and groups of positions which require certification under O.C.G.A. 35-8 and whose incumbents regularly perform high-risk work. (06-30-98/07-07-98)
PAR. 9.401.2. Positions shall 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 perform such high-risk work. (06-30-98/07-07-98)
PAR. 9.401.3. Any change in duties assigned to a position that would affect the designation or non-designation of engaging in high-risk work shall be reported to the Commissioner within thirty (30) days of such change. (06-30-98/07-07-98)
PAR. 9.402. Applicability. (06-30-98/07-07-98)
PAR. 9.402.1. "Employee", for purposes of this section, means any classified employee required to be certified under the provisions of the Peace Officers Standards and Training Act (O.C.G.A. 35-8) and shall also include any P.O.S.T. certified employee working under a personnel contract to provide personnel services, including but not limited to medical, security or transportation services. (06-30-98/07-07-98)
PAR. 9.402.2. All employees required to be P.O.S.T. certified and who are engaged in high-risk work shall be 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 shall be notified of the requirement for such testing and of the consequences of a positive result or of refusal or failure to appear for testing. (06-30-98/07-07-98)
PAR 9.403. Selection Procedures. (06-30-98/07-07-98)
PAR. 9.403.1. Subject Pool. The Commissioner shall establish a pool of positions, the incumbents of which shall be subject to random drug testing. Such pool shall include: (06-30-98/07-07-98)
(a). All classified positions designated as being high-risk by the appointing authorities; and, (06-30-98/07-07-98)
(b). Unclassified positions whose incumbents, by law, are subject to random drug testing and the appointing authority has requested the Commissioner include . (06-30-98/07-07-98)
PAR. 9.403.2. Random Sample. Once each month, the Commissioner shall select, at random, a sample of positions in the subject pool. (06-30-98/07-07-98)
PAR. 9.403.3. Notice of Selection. The Commissioner shall notify each appointing authority of positions, if any, that have been selected from the subject pool. The notice shall contain the effective date to be utilized for determining the incumbent(s) to be tested. (06-30-98/07-07-98)
PAR 9.404. Testing of Incumbents. (06-30-98/07-07-98)
PAR. 9.404.1. The incumbent of the selected position as of the effective date specified in the Notice of Selection shall be the employee subject to testing unless such individual is no longer employed in the department. (06-30-98/07-07-98)
PAR. 9.404.2. Incumbents selected for random testing shall be notified of the selection by the appointing authority. (06-30-98/07-07-98)
PAR. 9.404.3. Multiple Incumbents. Should a selected position have more than one incumbent as of the specified effective date, all incumbents shall be subject to testing. (06-30-98/07-07-98)
PAR. 9.404.4. 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 thirty (30) calendar days of the effective date, the appointing authority shall specify a date and time by which the employee must report for testing. Such date and time shall not be more than two (2) business days following the date the employee returns to duty. (06-30-98/07-07-98)
PAR. 9.404.5. Vacant Positions. If a position was vacant as of the effective date specified in the Notice of Selection, no incumbent testing for that position shall be permitted. (06-30-98/07-07-98)
SECTION 9.500. DRUG AND ALCOHOL TESTING OF SAFETY SENSITIVE EMPLOYEES. (06-30-98/07-07-98)
PAR. 9.501. Determination of Safety Sensitive Positions. (06-30-98/07-07-98)
PAR. 9.501.1. The appointing authority shall determine those classified positions whose incumbents are required to possess a commercial driver's license or possess a commercial driver's license and perform driving duties on an occasional or as needed basis. The appointing authority shall also determine those classified positions subject to drug and alcohol testing by federal law or regulation. (06-30-98/07-07-98)
PAR. 9.501.2. Any change in duties assigned to a position that would affect the designation or non-designation of engaging in safety sensitive duties shall be reported to the Commissioner within thirty (30) days of such change. (06-30-98/07-07-98)
PAR. 9.502. Applicability. (06-30-98/07-07-98)
PAR. 9.502.1. "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. (06-30-98/07-07-98)
PAR. 9.502.2. All safety sensitive employees and applicants shall be 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 shall be notified of the requirement for such testing and of the consequences of a positive result or having refused testing. (06-30-98/07-07-98)
PAR. 9.502.3 Safety sensitive employees and applicants shall be directed to present themselves to a designated, approved collection facility and shall not be subject to on-site testing. (04-25-02/05-21-02)
PAR. 9.503. Selection Procedures. (06-30-98/07-07-98)
PAR. 9.503.1. Subject Pool. The Commissioner shall establish a pool of classified positions, the incumbents of which shall be subject to drug and alcohol testing. Such pool shall include: (06-30-98/07-07-98)
(a). All classified positions designated as being safety sensitive by the appointing authorities; and, (06-30-98/07-07-98)
(b). Unclassified positions whose incumbents, by federal law, are subject to drug and alcohol testing, and the appointing authority has requested the Commissioner include. (06-30-98/07-07-98) (06-30-98/07-07-98)
PAR. 9.503.2. Random Sample. Once each month, the Commissioner shall select, at random, a sample of positions in the subject pool. (06-30-98/07-07-98)
PAR. 9.503.3. Notice of Selection. The Commissioner shall notify each appointing authority of positions, if any, that have been selected from the subject pool. The notice shall contain the effective date to be utilized for determining the incumbent(s) to be screened and to determine the commencement of screening. (06-30-98/07-07-98)
PAR 9.504. Types of Testing. (06-30-98/07-07-98)
PAR. 9.504.1. Preemployment. Applicants for safety sensitive positions and employees who have not previously performed safety sensitive duties shall be required to successfully complete drug testing prior to performing safety sensitive duties. (06-30-98/07-07-98)
PAR. 9.504.2. Random. All employees shall be subject to random drug and alcohol testing. The numbers of employees to be tested and the scheduling of employee selection shall be determined by the Commissioner in accordance with applicable law and regulations. (06-30-98/07-07-98)
PAR. 9.504.3. Post-Accident. All employees shall be subject to post-accident drug and alcohol testing as specified in Par 9.506. (06-30-98/07-07-98)
PAR. 9.504.4. Return-to-Duty. Any employee who has been subject to alcohol testing and whose test result indicates that the employee has misused alcohol shall undergo a return-to-duty test. Such test must indicate an alcohol concentration of less than 0.02 percent before the employee can be returned to safety sensitive duties. (06-30-98/07-07-98)
PAR. 9.504.5. 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 shall ensure that the employee is subject to unannounced follow-up alcohol testing. Follow-up testing shall be conducted only when the employee is scheduled to perform safety sensitive functions. Testing shall be conducted at least six (6) times in the first twelve (12) months following return to safety sensitive duty and may, upon the recommendation of the Substance Abuse Professional, be continued for up to sixty (60) months. (06-30-98/07-07-98)
PAR. 9.504.6. 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 the employee has used illegal drugs or has misused alcohol. The determination of reasonable suspicion shall be made by a supervisor or other official who is trained to make such determinations. Such training shall consist of one (1) hour of illegal drug training and one (1) 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, shall be made to document the observations. Alcohol testing may be conducted only when the employee is scheduled to perform safety sensitive duties. (06-30-98/07-07-98)
PAR. 9.505. Random Testing (06-30-98/07-07-98)
PAR. 9.505.1. Incumbents selected for random drug or alcohol testing shall be notified of the selection by the appointing authority. (06-30-98/07-07-98)
PAR. 9.505.3. Employees on Leave. If an employee selected for drug or alcohol testing was on any form of paid or unpaid leave as of the date specified in the Notice of Selection and the incumbent returns to duty within thirty (30) calendar days of the effective date, the appointing authority shall specify when the employee shall report for testing as provided in Par. 9.206.1 or Par. 9.206.2. (06-30-98/07-07-98)
PAR. 9.506. Post-Accident Testing. (06-30-98/07-07-98)
PAR. 9.506.1. Any employee performing safety sensitive duties who is involved in an on-the-job vehicular accident shall be required to undergo drug and alcohol testing as soon as possible following the accident. Such testing shall only be conducted if: (06-30-98/07-07-98)
(a). The accident involved the loss of human life; or, (06-30-98/07-07-98)
(b). The employee received a citation for a moving traffic violation arising from the accident and the accident resulted in injury to any person who immediately receives medical treatment away from the scene of the accident; or, (06-30-98/07-07-98)
(c). 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. (06-30-98/07-07-98)
PAR. 9.506.2. If the accident involved the loss of human life, any employee present in the vehicle at the time of the accident shall be required to undergo drug and alcohol testing. (06-30-98/07-07-98)
PAR. 9.506.3. Under no circumstances shall 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. (06-30-98/07-07-98)
PAR. 9.506.4. An alcohol test shall, if at all possible, be administered within two (2) hours following an accident. If for any reason such test cannot be administered within eight (8) hours of an accident, the appointing authority shall cease attempting to administer the test. (06-30-98/07-07-98)
PAR. 9.506.5. A drug test shall be administered as soon as possible following an accident, but not later than thirty-two (32) hours following an accident. (06-30-98/07-07-98)
PAR. 9.506.6. In any instance in which an employee is not tested within specified time limits, the appointing authority shall prepare and maintain on file a record of the reasons the test was not promptly administered. (06-30-98/07-07-98)
PAR. 9.507. Alcohol Testing Results. (06-30-98/07-07-98)
PAR. 9.507.1. Any employee whose test indicated an alcohol concentration of 0.02 percent or greater shall be given an alcohol confirmation test not less than fifteen (15) minutes nor more than twenty (20) minutes after the original test. (06-30-98/07-07-98)
PAR. 9.507.2. Any employee whose alcohol confirmation test indicated an alcohol concentration of 0.02 percent or greater shall be immediately removed from safety sensitive duties for a period of not less than twenty-four (24) hours. Any disciplinary or adverse action deemed appropriate by the appointing authority may be imposed in accordance with the provisions of Rule 15. (06-30-98/07-07-98)
PAR. 9.507.3. An employee removed from duty in accordance with the provisions of Par 9.507.2 shall be deemed to have voluntarily forfeited pay for any scheduled duty time during the twenty-four (24) hour period immediately following such removal. The employee shall be notified, in writing, of such forfeiture of pay and that the action may, within ten (10) calendar days of receipt of the notice, be appealed to the Board in accordance with the provisions of Par. 14.212. (06-30-98/07-07-98)
PAR. 9.507.4. Any employee whose alcohol confirmation test indicated an alcohol concentration of 0.04 percent or greater shall 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 the employee is fit to return to duty. (06-30-98/07-07-98)
PAR. 9.507.5. Any employee whose alcohol confirmation test indicated an alcohol concentration of 0.02 percent or greater shall not be returned to safety sensitive duties until a subsequent test indicates an alcohol concentration of less than 0.02 percent. (06-30-98/07-07-98)
SECTION 9.600. SECTION 9.600 ON-SITE DRUG TESTING (04-25-02/05-21-02)
PAR. 9.601. Applicability. (04-25-02/05-21-02)
PAR. 9.601.1 "Applicant", for purposes of this section, means an individual as defined in Par. 9.302.1. (04-25-02/05-21-02)
PAR. 9.601.2 "Employee", for purposes of this section, means an individual subject to a drug testing program other than safety-sensitive testing as defined in Par.9.500. (04-25-02/05-21-02)
PAR. 9.602. Testing. Upon establishment of a written policy, an appointing authority may conduct on-site drug testing according to the provisions of these rules. (04-25-02/05-21-02)
PAR. 9.602.1. On-site facilities and procedures shall meet all requirements established by the Official Code of Georgia 34-9-415 for drug testing. (04-25-02/05-21-02)
PAR. 9.603. Training. 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. (04-25-02/05-21-02)
PAR. 9.604. Testing devices used for on-site drug testing shall meet the requirements of the regulations established by the United States Food and Drug Administration (21 CFR Part 800). (04-25-02/05-21-02)
PAR. 9.605. Observed collection. If an individual demonstrates behavior that meets the requirements for an observed collection as stated in Par 9.208.1, the individual shall 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. (04-25-02/05-21-02)
PAR. 9.606. On-site Test Results. (04-25-02/05-21-02)
PAR. 9.606.1. On-site negative results shall not be subject to further analysis. The collection device shall be disposed of immediately in the proper manner as described by the manufacturer. The Chain of Custody form shall be retained for a minimum of (30) days. (04-25-02/05-21-02)
PAR. 9.606.2. The Appointing authority shall report the results and the Chain of Custody form information in a method and timeframe established by the Merit System. (04-25-02/05-21-02)
PAR. 9.606.3. Non-negative results shall 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. (O.C.G.A. 34-9-415). (04-25-02/05-21-02)
PAR. 9.606.4. The appointing authority may not take action until a certified laboratory has confirmed a positive initial test to the Merit System. (04-25-02/05-21-02)
PAR. 9.606.5 The MRO shall adhere to the reporting and contact procedure under Section 9.700 for confirmation testing. (04-25-02/05-21-02)
SECTION 9.700. MEDICAL REVIEW OFFICER. (04-25-02/05-21-02)
PAR. 9.701. Laboratory Reports. The testing laboratory shall forward the results of all drug tests to the Medical Review Officer who shall assure the security of such results. (04-25-02/05-21-02)
PAR. 9.702. Negative Results. The Medical Review Officer shall forward negative results of drug tests to the Merit System as soon as practicable. (04-25-02/05-21-02)
PAR. 9.703. Laboratory Positive Results. Laboratory reports indicating the presence of an illegal drug(s) shall be retained by the Medical Review Officer until a final determination is reached. Such information shall be confidential and shall only be available to the Medical Review Officer or designee and the affected donor. Positive laboratory reports shall be reviewed and determinations of legal or illegal usage shall be made in accordance with procedures established by the Medical Review Officer. (04-25-02/05-21-02)
PAR. 9.704. Contact Procedure. (04-25-02/05-21-02)
PAR. 9.704.1. The Medical Review Officer shall, 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 shall attempt to determine if there is an alternative medical explanation for the positive report. (04-25-02/05-21-02)
PAR. 9.704.2. 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, shall report to the Merit System that the results of the drug testing indicate that the donor has used an illegal drug(s). (04-25-02/05-21-02)
PAR. 9.704.3. If the Medical Review Officer is, within two (2) business days of the initial attempt, unable to directly contact the donor, the Medical Review Officer shall contact the Merit System who shall contact the appropriate appointing authority. The appointing authority shall attempt to contact the donor and shall inform the donor that the donor must personally contact the Medical Review Officer by the end of the next business day, or the donor shall be considered to have tested positive for the use of illegal drugs. (04-25-02/05-21-02)
PAR. 9.704.4. If the appointing authority is unable to contact the donor within two (2) business days of the initial attempt, the appointing authority shall so notify the Medical Review Officer. The Medical Review Officer shall then deem the donor to have tested positive for the use of illegal drugs. (04-25-02/05-21-02)
PAR. 9.704.5. 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, shall notify the Merit System that the test result is positive. (04-25-02/05-21-02)
SECTION 9.800. SUBSTANCE ABUSE TESTING RESULTS. (04-25-02/05-21-02)
PAR. 9.801. Rejected Sample. A donor whose urine sample is rejected by the testing laboratory may, in the discretion of the appointing authority, be directed to appear for retesting. Such retesting may be conducted as an observed sample. (04-25-02/05-21-02)
PAR. 9.802. Unsuitable Sample. If the testing laboratory and the Medical Review Officer determine that the urine sample of a donor is unsuitable for testing without legitimate medical explanation, the donor may, in the discretion of the appointing authority, be directed to appear for retesting. Such retesting shall be conducted as an observed sample. (04-25-02/05-21-02)
PAR. 9.803. Negative Test Results. (04-25-02/05-21-02)
PAR. 9.803.1. Transmittal. The Merit System shall transmit all negative test results to the appropriate appointing authority in as expeditious a manner as possible. (04-25-02/05-21-02)
PAR. 9.803.2. Usage. Negative test results may be utilized by any other state employer for any appropriate purpose for a period of thirty (30) calendar days after the date the test was administered. (04-25-02/05-21-02)
PAR. 9.803.3. Positive Results. An individual whose results of substance abuse testing indicate that the individual has used an illegal drug(s) shall be subject to such disciplinary action as is specified in other provisions of this rule or as deemed appropriate by the appointing authority. (04-25-02/05-21-02)
PAR. 9.804. Confidentiality of Results. A report from a Medical Review Officer that a donor has used an illegal drug(s) shall be accessible only to such staff of the appointing authority and the Merit System as is necessary to comply with these rules or with state and federal law and shall not be considered a public record. The appointing authority and the Commissioner shall establish such policies as may be necessary to assure the confidentiality of such information and to identify those employees who are entitled to the information. (04-25-02/05-21-02)
SECTION 9.900. DISMISSAL. (04-25-02/05-21-02)
PAR. 9.901. This shall be the exclusive procedure for dismissal under the provisions of this rule. (04-25-02/05-21-02)
PAR. 9.902. Dismissal. If an employee as defined in Par. 9.402.1 or Par. 9.502.1. 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 shall notify the employee, in writing, of immediate termination of employment. The termination shall be effective as of the date of the notice. (04-25-02/05-21-02)
PAR. 9.903. The notice of dismissal under this section shall be the final determination of adverse action and shall include those items indicated in Par. 9.804. (04-25-02/05-21-02)
PAR. 9.904. Notice of Dismissal. The notice of dismissal shall contain: (04-25-02/05-21-02)
(a). The effective date of the action; (04-25-02/05-21-02)
(b). A statement indicating: (04-25-02/05-21-02)
(1). The date the employee expressly refused substance abuse testing; or, (04-25-02/05-21-02)
(2). The date the employee underwent drug testing; (04-25-02/05-21-02)
(3). That the Medical Review Officer determined the employee to have used an illegal drug(s); and, (04-25-02/05-21-02)
(4). The specific illegal drug(s) so identified. (04-25-02/05-21-02)
(a). A statement advising that the employee may appeal the action to the Board by filing an appeal with the Office of State Administrative Hearings within ten (10) calendar days from the date the employee receives written notice of the final action or the effective date of the action, whichever is later. Any filing shall be considered timely if postmarked within the time allowed for an appeal but shall not be considered filed until actually received by the Office of State Administrative Hearings. (04-25-02/05-21-02)
PAR. 9.905. Appeal to the Board. (04-25-02/05-21-02)
PAR. 9.905.1. Upon receipt of an appeal, the Office of State Administrative Hearings shall transmit forthwith a true copy to the appointing authority and assign an administrative law judge, unless otherwise directed by the Board. (04-25-02/05-21-02)
PAR. 9.905.2. The appeal shall be conducted by the administrative law judge in accordance with the provisions of O.C.G.A. 45-20-8 and O.C.G.A. 45-20-9. (04-25-02/05-21-02)
PAR. 9.905.3. Initial decisions of the administrative law judge shall become the decision of the Board; provided, however, an adversely affected party may file an application for review by the Board. Application for review by the Board must be in writing and filed with the Executive Secretary to the Board within thirty (30) days of the date the initial decision was issued. Both parties shall have the right to present oral arguments to the Board. (04-25-02/05-21-02)
PAR. 9.905.4. The Board on its own motion may issue an order for review within thirty (30) days of the date of the initial decision. (04-25-02/05-21-02)
PAR. 9.905.5. Decisions of the Board shall be final and shall not be reconsidered except for specific correction of a manifest error or to comply with an order of a court of competent jurisdiction. (04-25-02/05-21-02)
Authority O.C.G.A. 45-20-3; 45-20-3.1; 45-20-4.
