Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.21 - Drug and Alcohol Free Workplace Program

Current through Rules and Regulations filed through June 27, 2024
(1)
Introduction
:
The General Assembly found that unlawful drug activity is a
				serious threat to the public health, safety, and welfare and declared that the
				public workforce must be free of any person who would knowingly engage in such
				activity.
The State is committed to maintaining a drug-free and
				alcohol-free workplace. In support of this commitment, the State conducts
				substance abuse testing as described in this Rule. Employees who violate
				workplace expectations are subject to disciplinary action, up to and including
				dismissal and disqualification from employment, as outlined in this Rule and in
				Sub-Rules  478-1-.21  A through  478-1-.21  G.
(2)
Applicability
:
The policies and procedures within this Rule apply to all
				agencies of the Executive Branch, local departments of Public Health,
				Authorities, and Community Service Boards. This Rule does not apply to the
				Board of Regents of the University System of Georgia, Legislative Branch, or
				Judicial Branch.
(3)
Definitions
:
For the purposes of this Rule, the following terms and
				definitions apply in addition to those in
				  478-1-.02, Terms and
				Definitions:
(a) "Adulterated Sample"
			 means a specimen that has been altered and 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 an abnormal concentration.
(b) "Alcohol" means the intoxicating agent in
			 beverage alcohol, ethyl alcohol, or other low molecular weight alcohol,
			 including methyl and isopropyl alcohol.
(c) "Alcohol Concentration" or "Alcohol
			 Content" means the alcohol in a volume of breath expressed in terms of grams of
			 alcohol per 210 liters of breath as indicated by an alcohol test. For blood
			 alcohol tests it means the level of alcohol in terms of grams of alcohol per
			 100 milliliters of blood.
(d)
			 "Alcohol Confirmation Test" means a subsequent test using an evidential breath
			 testing device (EBT) following an alcohol screening test with a result of 0.02
			 or greater. The EBT must be approved by the National Highway Traffic Safety
			 Administration (NHTSA) and placed on its "Conforming Products List of
			 Evidential Breath Measurement Devices." Such testing must be performed by a
			 certified Breath Alcohol Technician.
(e) "Alcohol Screening Device" (ASD) means a
			 breath or saliva device that is approved by NHTSA and placed on a Conforming
			 Products list for such devices.
(f)
			 "Alcohol Screening Test" means an analytic procedure to determine whether an
			 employee may have a prohibited concentration of alcohol in a breath, saliva, or
			 blood specimen.
(g) "Alcohol Test"
			 or "Alcohol Testing" means conducting an alcohol screening test and, if needed,
			 an alcohol confirmation test.
(h)
			 "Appointing Authority" means, for purposes of this Rule, the agency/entity or
			 an official with decision-making authority within the agency/entity.
(i) "Breath Alcohol Technician" (BAT) means
			 an individual who instructs and assists individuals in the alcohol testing
			 process and can operate an evidential breath testing device in accordance with
			 federal alcohol testing regulations.
(j) "Chain of Custody" means the procedure
			 used to document the handling of a urine or other specimen authorized within
			 federal testing programs from the time the donor gives the specimen to the
			 collector until the specimen is destroyed.
(k) "Collector" means a person who: instructs
			 and assists donors during the drug testing collection process; receives and
			 makes an initial inspection of specimens provided by donors; completes the
			 Custody and Control Form (CCF); and, is trained according to either United
			 States Department of Transportation (DOT) standards for federally regulated
			 donors or Health and Human Services standards for non-federally regulated
			 donors.
(l) "Controlled Substance"
			 means a drug or substance in Schedules I-V of O.C.G.A.
			  16-13-21, et seq., or 21 C.F.R. Part
			 1308 declared by state or federal law to be
			 illegal for sale or use, unless used with a valid prescription from a health
			 care practitioner.
(m) "Custody and
			 Control Form (CCF)" means the drug testing form used to follow the chain of
			 custody procedure.
(n) "Dangerous
			 Drug" means any drug or substance, other than a controlled substance, declared
			 by state or federal law to be illegal for sale or use, unless used with a valid
			 prescription from a health care practitioner.
(o) "Donor" means an individual providing a
			 specimen for drug testing.
(p)
			 "Drug Testing" or "Drug Test" means the collection and testing of urine
			 administered as required by applicable regulations for the particular testing
			 program. Testing of substances other than urine is permitted only when
			 authorized by such governing regulations.
(q) "Federally Regulated Transportation
			 Position" means any transportation position whose incumbent is required to
			 undergo drug and alcohol testing pursuant to United States Department of
			 Transportation or United States Coast Guard regulations. In general, such
			 positions are those for which the duties require the possession of a valid
			 commercial driver's license or involve public transportation or maritime
			 functions.
(r) "High-Risk Position"
			 means a position whose incumbent regularly performs high-risk work. Examples
			 include, but are not limited to, officers required to carry a firearm, medical
			 professionals, non-federally regulated drivers, in-home care providers,
			 firefighters, heavy equipment operators, pilots, and aircraft mechanics. The
			 term high-risk position does not include federally regulated transportation
			 positions.
(s) "High-Risk Work"
			 means those duties where inattention or errors in judgment will have the
			 potential for significant risk of harm to the individual or others.
(t) "Illegal Drug" means, but is not limited
			 to, marijuana/cannabinoids (THC), cocaine, amphetamines/meth-amphetamines,
			 opioids, phencyclidine (PCP), or any controlled substance or dangerous drugs
			 not used in a lawful manner. The term illegal drug does not include any drug
			 used pursuant to, and in accordance with, a valid prescription and not
			 otherwise prohibited by state or federal law.
(u) "Medical Marijuana" or "low THC oil"
			 means an oil, prescribed by a physician for medical use, containing no more
			 than 5% tetrahydrocannabinol (THC), and an amount of cannabidiol (CBD) that is
			 at least equal to the amount of THC.
(v) "Medical Review Officer" or "MRO" means 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 results.
(w) "Reasonable Suspicion" means a
			 determination by a designated agency/entity official that an employee may not
			 be free of alcohol and/or illegal drugs while at work or performing assigned
			 duties. The designated official may be a manager, supervisor, human resources
			 representative, or other agency/entity staff assigned responsibility for
			 determining whether reasonable suspicion exists.
(x) "Safety-Sensitive Transportation Function
			 or Duties" means transportation-related work that requires an employee, or
			 selected applicant for a position with such work, to undergo drug and/or
			 alcohol testing, pursuant to United States Department of Transportation (US
			 DOT) or United States Coast Guard regulations.
(y) "Sample" or "Specimen" means urine
			 provided by a donor for drug testing. Where regulations governing a drug
			 testing program allow for the testing of some other bodily fluid or tissue,
			 such substance from a donor would also be considered a "sample" or
			 "specimen."
(z) "Split Specimen
			 Collection"means a drug testing collection in which urine is divided into two
			 (2) separate specimen bottles: a primary specimen that is tested and a split
			 specimen that remains unopened and available for retesting.
(aa) "Substance Abuse Professional (SAP)"
			 means a properly certified professional who evaluates employees who have
			 violated drug and/or alcohol regulations or policies and makes recommendations
			 concerning education, treatment, follow-up testing, and aftercare. For
			 federally regulated transportation positions, a Substance Abuse Professional
			 must meet all US DOT qualification requirements.
(bb) "Substance Abuse Testing" means
			 screening for the presence of alcohol or illegal drugs in accordance with this
			 Rule.
(cc) "Substituted Sample"
			 means a specimen with creatinine and specific gravity values that are so
			 diminished or so divergent that they are not consistent with human
			 urine.