Georgia Drug Laws

We are going to explore two aspects of Georgia drug laws and the information necessary to learn how to pass a drug test in Georgia.

Learning The Basics Of Georgia Drug Laws.  

First, we are not attorneys and can not provide specific advice on the Georgia Drug Laws.  It is very important you seek professional advice skilled with legal advice that is familiar with the ins and outs of local Georgia drug laws.

Second, for those of you who are concerned with those Georgia Drug Laws being applied to you, we offer information on the major just four major drug tests one might be facing in Georgia.

 

There Are Four Major Drug Tests Given In Georgia.

Each drug test has its own spe­cific strengths you must avoid and weak­ness in which one can take advan­tage.  What you learn here could make the difference between failing and passing a drug test in Georgia.

Urine Drug Test Information.The Urine Drug Test is the most pop­u­lar, the least com­pli­cated and is by far the eas­i­est to beat.

Hair Drug Test Information.The Hair Drug Test can use any hair on your body, detect usage for at 90+ days and is the hard­est to beat.
Saliva Mouth Drug Test Information.The Saliva Drug Test can be given anywhere, is hard to beat and always requires a detox prod­uct to pass.
The Best Blood Drug Test Information.The Blood Drug Test is rare, has a short drug detec­tion time but is often given with a urine test.

 

 

Rules for Job Applicants in Georgia.

How To Pass A Drug Test Under Georgia Drug Laws.

Georgia Drug Laws

Georgia employers who have a drug-free workplace program are required to drug test applicants who have received conditional offers of employment. More limited testing is allowed if it is conducted on the basis of reasonable classifications of job positions. For example, an employer that doesn’t want to test every job applicant could instead test only those applicants whose jobs would require potentially dangerous activities (such as operating heavy machinery or carrying a weapon).

If an employer requires applicants to take a test, it must include a notice in its job announcements or ads regarding the testing requirement.

Rules for Georgia Employees.

Georgia employers with a drug-free workplace program must test employees in the following circumstances:

  • after an accident resulting in lost work time
  • on reasonable suspicion of drug use (reasons for suspicion must be documented and made available to the employee on request)
  • as part of a routinely scheduled fitness-for-duty medical examination, and
  • after the employee returns to work following rehabilitation for a positing drug test. Testing is not required if the employee entered rehab voluntarily, rather than after a positive drug test.

In addition, employers may conduct random drug testing.

Notice and Procedural Rights for Employees.

Georgia employers with a drug-free workplace program must test employees in the following circumstances:

  • after an accident resulting in lost work time
  • on reasonable suspicion of drug use (reasons for suspicion must be documented and made available to the employee on request)
  • as part of a routinely scheduled fitness-for-duty medical examination, and
  • after the employee returns to work following rehabilitation for a positing drug test. Testing is not required if the employee entered rehab voluntarily, rather than after a positive drug test.

In addition, employers may conduct random drug testing.

Legal Claims Arising From Drug Testing.

Have you been illegally asked or required to take a drug test in Georgia?  Even though Georgia Drug Laws allow an employer to drug test, many employees and might may have legal claims based on how the test was conducted, who was tested or how the results were used.

 Learn To Pass A Drug Test With Always Test Clean.

Here are some examples:

  • Violation of Georgia Drug Laws And Procedures.  Although an employer has the legal right to test, it must follow the state’s requirements.  A Georgia employer that doesn’t provide the required notice of its testing policy or observe state procedural rights (for example, by failing to conduct a confirmation test after an initial positive result or by allowing unauthorized personnel to perform the test) could face legal problems.
  • Disability Discrimination.  An applicant or employee who is taking medication for a disability is protected by the Americans with Disabilities Act (ADA).  Some prescribed medications turn up on drug tests and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions.  If an applicant is turned down because of a positive drug test and the applicant’s medication was legally prescribed for a disability, the company could be liable.
  • Other Discrimination Claims.  An employer who singles out certain groups of employees – for example, by race, age, or gender – for drug testing could face a discrimination claim.
  • Invasion Of Privacy.  Even an employer that is allowed or required to test might violate employee privacy in the way it conducts the test.  For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation.
  • Defamation.  An employee might have a valid claim for defamation if the employer ( that the employee tested positive, if the employer has reason to know that the test might not be accurate.  For example, if a retest showed that the first test was a false positive or the employee has appealed the first test, the employer may be liable for revealing the results of the positive test beyond those with a need to know.
 

Breakdown Of Georgia Drug Laws.

State: Georgia
Statute of Order: Ga. Code Ann. §45- 23-1 et seq. §45-20-110 et seq., 34-9-410 et seq.
Covered Employers: State government employers, public schools, and entities that furnish transportation services to school systems; private employers.
Applicant Testing: Testing authorized of applicants for state government employment, public school employment, and private employment. Applicant who refuses to be tested or who tests positive may be barred from state and public school employment for 2 years.
Employee Testing: Testing authorized, including random testing, on reasonable suspicion, as part of routine fitness-for-duty exam, after an on- the-job injury, and as part of follow-up to rehabilitation. Policy must be distributed to employees and posted. Testing confers eligibility for certain discounts and other benefits under the state’s workers’ compensation law. Random testing of “high risk” state government and public school employees including school bus drivers is authorized under separate provisions.
Conditions & Methods: Methods to assure privacy for employee in collection of specimen, and methods of collection, storage, and transportation that ensure noncontamination of specimen, and confidentiality of test. Confirming test after positive result.
Testing Bullet Points:
  • Compliance to the program entitles employers to a 7.5% workers’ compensation premium discount.
    ATC Depot Has The Solutions For Passing A Drug Test Under Georgia Drug Laws.

    Georgia Drug Laws

  • Self-insured employers are eligible for the voluntary drug-free workplace program credit by filing the appropriate application for certification.
  • Job applicants who have been awarded an offer for employment are required by law to be tested for substance abuse.
  • On-site testing is allowed under the voluntary program. Random testing is also permitted. However, neither on-site testing nor random testing are requirements for program compliance.
  • Only trained and certified persons are qualified to conduct substance abuse testing for purposes of the voluntary drug-free workplace program. The list includes, among others, an employer representative who is trained to collect specimens following approved chain of custody procedures.
  • Post-rehabilitation drug testing may be required by the employer as a follow-up in cases where the employee underwent an employee assistance program or approved rehabilitation program because of an earlier positive drug test. For employees voluntarily entering such a program, follow-up testing is not mandatory.
  • The analysis of a Medical Review Officer is strongly recommended by not necessarily a requirement for compliance.
  • As a requirement for the first year certification of a drug-free workplace program, employers must provide two hours of substance abuse education plus another 2 hours of related training for supervisors. Training for supervisors may be reduced to 1 hour per year for subsequent years.
 

The Georgia Drug Law For Marijuana Possession.

The Vast Majority Of Drug Test Failures in Georgia Are For Breaking Georgia Drug Laws For Marijuana, Not Federal Or Local Laws.

Federal And Georgia Drug Test Laws On Marijuana.

Georgia Drug Laws On Marijuana.

Georgia drug laws have their own spe­cific strengths you must avoid and weak­ness in which one can take advan­tage when it comes to marijuana. The same is true of the Federal Laws concerning marijuana.

Marijuana is the third most popular recreational drug in Georgia behind only alcohol and tobacco.  Marijuana has been used by nearly 100 million Americans at one time or another with an equal cross-section of people in Georgia using marijuana.  According to the federal government, some 25 million Americans have smoked marijuana in the past year and more than 14 million do so regularly despite harsh laws against its use.  Georgia is no exception in its implementation of marijuana law.

Unlike alcohol, for which impairment can be reasonably measured using a breathalyzer, valid detection for marijuana requires drug testing.   This is time-consuming, complicated and the drug tests for marijuana cannot determine an approximate degree of impairment.   The detection of marijuana is also complicated by the various types of drug testing available and the types of myths, half-truths and rumors that surround marijuana drug testing.

 

Overview Of Georgia Drug Test Laws.

  1.  The Georgia Drug Testing Policy – Georgia is a voluntary state. Therefore, when employers choose to avail financial incentives offered by the State, that employer is required to conduct the testing as per State Law. The common law would apply if the employer chooses not to avail the benefits. A 7.5% premium discount is available for employer’s DFWP program. An identical premium discount applies to employers who are self insured also.
  2. Who should test? – Contractors receiving contracts valued $25,000 or more are required to certify having implemented a program to prevent substance abuse. Public employees engaged in high risk occupations may be subjected to drug testing at random. Testing positive or a refusal to submit to test can lead to termination of services.
  3. What are the drug types to be tested? – There are no limitations or restrictions. However, under the DFWP 10 drugs identified for testing are: Marijuana, Cocaine, Amphetamine, methadone, PCP, methaqualone, barbiturates, opiates, propoxyphene, benzodiazepines, and corresponding metabolites.
  4. What are the costs? – All costs are to be borne by the employer. However, when an employee requests re-test and treatment, such costs shall be borne by employee.
  5. Testing policy in writing – 60 days prior to the initial job offer, or testing, employees and applicants shall be notified in writing of the DFWP. Such notification can be posted in prominent locations such as a notice board for vacancies. The notification shall also inform the location where the full policy can be viewed.
  6. Where should the tests be performed – All tests are to be performed according to Federal Rules. However, employers not availing cash benefits are at liberty to use onsite or instant test kits. Certification does not require the services of an MRO. But, employers are encouraged to use an MRO’s services for validating a confirmed test result.
  7. Post rehabilitation testing required – Employees who tested positive and return after rehabilitation must be required by the employer to submit themselves to a SAT or substance abuse test as a follow-up measure of the program.
  8. Testing procedure – There are no limits or restrictions prescribed in general. Under the DFWP testing of existing employees as well as part of a pre-employment drill are permitted. On-site testing using Urine and where necessary, additional test using oral fluids “that satisfies the testing criteria” as laid out under the rules is permitted for employees in current employment. The tests must be conducted by qualified and trained individuals.
  9. State peculiarity – The voluntary DFWP is not applicable to the state and departments under it which are self insured. However, self insured can file a certificate to qualify. All information received through testing is confidential. Exception provided is that such information can be used to defend the employer if it is relevant in cases such as a hearing for workers’ compensation.