Georgia Department of Public Safety

Policy Manual

SUBJECT POLICY NUMBER

DRUG AND ALCOHOL TESTING 5.08

DISTRIBUTION REVISED DATE

ALL EMPLOYEES 4/9/2019
POLICY REVIEWED
4/9/2019
5.08.1 Policy
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.

As members of the Georgia Department of Public Safety, it is absolutely mandatory that

we maintain standards of conduct and work performance that ensures public safety and
public trust. The DPS has a compelling interest in ensuring that all employees are of the
highest integrity. It is the policy of the DPS that testing for the presence of illegal drugs,
controlled substances or alcohol will be required in certain circumstances.

5.08.2 Definitions
A. Adulterated Sample – 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 – the intoxicating agent in beverage alcohol, ethyl alcohol, or other low
molecular weight alcohol, including methyl and isopropyl alcohol.

C. Alcohol Confirmation Test – 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.

D. Alcohol Screening Device (ASD) – a breath or saliva device that is approved by

NHTSA and placed on a Conforming Products list for such devices.

E. Alcohol Screening Test – an analytic procedure to determine whether an employee

may have a prohibited concentration of alcohol in a breath, saliva or blood specimen.

F. Alcohol Test of Alcohol Testing – conducting an alcohol screening test and, if

needed, an alcohol confirmation test.

G. Breath Alcohol Technician (BAT) – 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.

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 H. Controlled Substance – a drug or substance on 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.

I. Dangerous Drug – 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.

J. Drug Testing or Drug Test – 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.

K. Federally Regulated Transportation Position – 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 for maritime functions.

L. High-Risk Work –those duties where inattention or errors in judgment will have the
potential for significant risk of harm to the individual or others.

M. High-Risk Position – a position whose incumbent regularly performs high-risk work

regardless of whether it is on a full-time, part-time, hourly, or temporary basis. All
employees in P.O.S.T. certified positions, as well as those in Dispatcher, Weight
Inspector, Safety Officer and Mechanic positions are considered to perform high-risk
work.

N. Illegal Drug – includes but is not limited to, marijuana/cannabinoids (THC), cocaine,
amphetamines/meth-amphetamines, opiods 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.

O. Medical Marijuana or low THC oil – 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.

P. Medical Review Officer (MRO) – 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.

Q. Reasonable Suspicion – a determination by an employees’ Commanding Officer,

Adjutant, or Division Director that he or she may not be free of alcohol and/or illegal
drugs while at work or performing assigned duties.

R. Split Specimen Collection – 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.

S. Substance Abuse Professional – 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.

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 T. Substituted Sample – a specimen with creatinine and specific gravity values that are
so diminished or so divergent that they are not consistent with human urine.

5.08.3 General Provisions

A. Employees are prohibited from unlawfully manufacturing, distributing, selling,
dispensing, possessing, or using a controlled substance, marijuana, or a dangerous
drug, which includes the use of prescription medication prescribed to another.

B. While in the workplace or otherwise in work status, employees must be free from
alcohol and illegal drugs.

C. Employees are expected to report for and complete ordered substance abuse
testing, as directed. Consequences for failing to do so, for otherwise refusing testing,
and for testing positive are outlined in section 5.08.4.

D. Employees who are legally using a drug (or other substance) with a warning about a
side effect that could substantially impair the safe performance of assigned duties
must:

1. Ensure that they are cleared by their medical provider to fully perform their
assigned duties while on such drugs/substance, and

2. Seek and receive authorization from their supervisor before reporting for duty.

E. Any employee in a high-risk or federally regulated transportation position is

prohibited from having medical marijuana in their system while performing the duties
of that position.

F. Any employee who is suspected of driving under the influence in violation of the law
while on-duty or while commuting to work will be investigated in accordance with
DPS Policy 11.05 – DUI Enforcement.

G. Testing provisions for individuals in federally regulated transportation positions are

subject to the US Department of Transportation (DOT) alcohol and other drug testing
regulations (see State Personnel Board Rule 21D). The Drug Testing Coordinator
will notify the applicable supervisor of specific testing requirements at the time an
employee in a federally regulated transportation position is selected or required to
complete drug and/or alcohol testing.

H. Drug and alcohol testing must be conducted in accordance with applicable federal
and state laws and regulations, and in accordance with the procedures established
by the Human Resources Division.

I. An employee selected for, or directed to complete substance abuse testing will be

considered as being on duty for all time necessary to undergo the testing process,
including any travel time to and from the collection or testing facility.

J. The expense of testing is the responsibility of the Department. 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, it is the donor’s
responsibility to pay for the split sample/reanalysis. In such a case, the Department
will seek payment or reimbursement for the cost of the split specimen/reanalysis from
the donor. However, payment, reimbursement, or ability to pay is not a condition for
performing the split sample/reanalysis testing.

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 K. Confidentiality of Results. Substance abuse test results are considered confidential
and not subject to public disclosure. Access to test results are accessible only to the
following Departmental staff, as necessary to comply with this policy, State Personnel
Board Rule 478-1.21, or state and federal law: the Commissioner of the Department
of Public Safety, the Limited Appointing Authority of the employee, the Directors of
Human Resources, Legal Services and the Office of Professional Standards, and
Human Resources staff designated as Drug Testing Coordinator(s).

5.08.4 Consequences of Positive Drug or Alcohol Testing Result or

Refusal
A. An employee whose drug test is reported by the MRO as positive, adulterated, or
substituted, or who otherwise refuses a drug test will be immediately dismissed and
disqualified from State employment for a period of two (2) years from the date of
testing or refusal, whichever is later.

B. An employee who refuses alcohol testing will be immediately dismissed and

disqualified from State employment for a period of two (2) years from the date of
refusal.

C. An employee who receives a positive alcohol confirmation test result of 0.02 or

greater from the testing facility will be subject to disciplinary action up to, and
including, dismissal from employment.

1. At a minimum, the employee will be prohibited from performing work for at least
24 hours from the time the test was administered.

2. If the employee is not dismissed:

a. All scheduled work time from the time of the positive test until the employee
returns to work will be charged to suspension without pay.

b. The appointing authority may require a negative return-to-duty test before

allowing the employee to return to work. If the employee receives a positive
alcohol confirmation test as part of return-to-duty or follow-up testing, the
employee will be dismissed.

c. As a condition of return to work, the appointing authority may also require an

employee with a positive alcohol confirmation test result of 0.04 or greater to
provide documentation from a Substance Abuse Professional certifying that
the employee is fit to perform high-risk work. The employee may also be
subject to follow-up testing, as recommended by the Substance Abuse
Professional.

d. Employees in federally regulated transportation positions will be required to

follow the return-to-duty process outlined in State Personnel Board Rule 478-
1-.21D.7.C.

D. Dismissal of Classified Employees

1. When a classified employee is dismissed from employment for refusing testing or

for having a positive drug or alcohol test, any adverse action must comply with
the provisions of State Personnel Board Rule 478-1-.26, Adverse Action for
Classified Employees.

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 2. When State Personnel Board Rule 478-1.21, requires immediate dismissal, the
action will be processed in accordance with Section 11 of State Personnel Board
Rule 478-1-.26, Adverse Action for Classified Employees.

3. A classified employee who tests positive for alcohol or an illegal drug(s) is

considered to have engaged in misconduct. A classified employee who refuses
ordered testing is considered to have engaged in insubordination and
misconduct.

E. Dismissal actions can be appealed only by classified employees, as outlined in Rule

478-1-.26, Adverse Actions for Classified Employees, and Rule 478-1-.27, Appeals
and Hearings for Classified Employees.

5.08.5 Substance Abuse Testing Refusal

A. Individuals will be deemed to have expressly refused testing in the following
circumstances:

1. An individual who expressly refuses to undergo directed substance abuse

testing, engages in conduct that willfully obstructs the testing process, or
otherwise fails to fully cooperate with the collection or testing process;

2. An individual who fails to appear for substance abuse testing, as directed, or who
fails to remain at the site until the collection or testing process is complete.

3. An individual who fails to provide adequate urine (or other substance authorized
by applicable Federal regulation) for drug testing, unless the MRO finds there
was a valid medical reason;

4. An individual who fails to provide adequate breath or saliva for alcohol testing
unless the evaluating physician finds there was a valid medical reason;

5. If the testing laboratory and the MRO determine that the urine sample of a donor
is an adulterated or substituted sample; or

6. An individual who is found to have brought a clean urine sample or substitute to

the collection site or admits to have tampered with his/her specimen.

5.08.6 Observed Collection

A. Any Limited Appointing Authority may direct a sample to be collected as an observed
sample if there is sufficient reason to believe that the donor may attempt to alter or
falsify the sample, or as otherwise provided in State Personnel Board Rule 478-1-
.21.

B. Before initiating an observed sample, the respective Limited Appointing Authority

should confer with the Director of Human Resources and the Director of Legal
Services or their designee.

C. If approved, all requirements for an observed collection outlined in State Personnel

Board Rule 478-1-.21.8 must be followed.

D. Federally regulated return-to-duty and follow-up test collections will be observed.

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 5.08.7 Types of Testing
A. Reasonable Suspicion Testing

1. All employees are subject to Reasonable Suspicion testing, when a

Commanding Officer or Division Director determines there is a compelling reason
to suspect an employee is not free from alcohol of drugs.

2. Supervisors shall follow the established procedures for reasonable suspicion

testing and must receive approval from the Commanding Officer, Adjutant, or
Division Director when they believe there is a need for testing based on
reasonable suspicion. Human Resources will provide guidance, as needed.

3. Any employee who is suspected of driving under the influence in violation of the
law while on-duty or while commuting to work will be investigated in accordance
with DPS Policy 11.05 – DUI Enforcement.

1. The decision to conduct a DUI investigation must be made by the

employee’s Commanding Officer, Adjutant, or Division Director.

2. A positive result from an alcohol confirmation test will be used for disciplinary
action without regard to the ultimate outcome of the DUI investigation.

4. Testing for reasonable suspicion of alcohol while on duty, but not involving the
suspicion of criminal DUI must be performed at an approved state vendor facility
in accordance with administrative reasonable suspicion procedures.

5. Reasonable Suspicion for non-federally regulated employees may be generated

by physical, behavioral, or performance indicators or by other evidence found or
reported. Indicators supporting reasonable suspicion include, but are not limited
to:

1. Observation of behavior, appearance, speech, or odor likely to result from

alcohol or illegal drug use;

2. An on-the-job incident, such as a medical emergency, likely attributable to

alcohol or illegal drug use by an employee;

3. 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, or others;

4. Verifiable information that an employee may not be free from alcohol or

illegal drugs at work;

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

6. Documented deterioration in an employee’s job performance likely

attributable to alcohol or illegal drug use by the employee;

7. The result of other scientific test(s) that indicate possible use of alcohol or
illegal drugs; or

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 8. Any other specific, timely and describable action that would give an
appointing authority reason to suspect an employee not be free from alcohol
and illegal drugs.

6. Reasonable Suspicion testing of any employee in federally regulated

transportation positions must meet the guidelines outlined in State Personnel
Board Sub-Rule 478-1-.21D(3)(d). Alcohol testing may be conducted only when
the employee is scheduled to perform safety-sensitive duties.

7. The appointing authority is to provide the employee a written directive to report

immediately for substance abuse testing. The employee must be accompanied
by a supervisor and not be permitted to transport her/himself.

8. When a reasonable suspicion drug testing sample is rejected or determined to be

unsuitable for testing by the testing laboratory, the appointing authority has the
discretion to direct the employee to appear for retesting.

9. Results of the test will be given to the employee, the limited appointing authority
of the employee, the Commissioner and the Directors of the Office of
Professional Standards, Human Resources Division and Legal Services.

B. Random Drug and Alcohol Testing

1. The Department will follow the guidelines for random testing located in State
Personnel Board Sub-Rule 478.1.21C (testing of employees in “high risk”
positions) and Sub-Rule 478-1-21D(3)(b) (testing of employees in federally
regulated transportation positions).

2. Random drug tests are conducted on an unannounced basis on randomly

selected employees from pools composed of the positions designated as being
high risk and/or federally regulated.

3. Random alcohol tests are only conducted on an unannounced basis on pilots

and mechanic positions with in the Aviation Division, and federally regulated
transportation positions only.

4. Incumbents in federally regulated transportation positions who are selected for

random alcohol testing must be tested within two (2) hours before or after
performing safety-sensitive transportation functions. The Drug Testing
Coordinator will notify applicable supervisors of the specific testing requirements
at the time an employee is selected for random alcohol testing. Supervisors
should immediately notify the drug testing coordinator if the selected employee is
not scheduled to perform safety-sensitive transportation functions within the 30-
day period after the effective date specified in the notice.

5. The Drug Testing Coordinator within the Human Resources Division will notify
supervisors via email that an employee under their supervision has been
selected for a random drug test, and provide the instructions and appropriate
forms to notify the employee in writing of his/her selection.

6. Supervisors should serve a directive to report for random substance abuse

testing to the employee in person, and as soon as it is administratively possible.
Supervisors are prohibited from emailing the written directive to an employee.

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 7. Supervisors should not provide notification if the supervisor is aware of any
potential problem or scheduling conflict for an employee to report for testing as
soon as possible.

For example, a supervisor should not provide notification at the end of a work
day, and/or immediately before scheduled pass days or approved leave if it is not
possible for the employee to report for testing during the remainder of his/her
shift. Not all testing facilities are open on Saturday or Sunday.

8. For random drug testing, employees must report for testing no later than the
business day after the employee receives the directive to report. For random
alcohol testing, employees must report no later than two (2) hours after the
employee receives the directive to report.

9. If an employee is on any form of paid or unpaid leave as of the date the

supervisor is notified of the employee’s selection the supervisor should notify the
Drug Testing Coordinator of the leave and the expected return to duty date, if
known. The Drug Testing Coordinator will communicate the last possible date the
employee can be notified of the current selection. If the employee returns to duty
by that date, the supervisor should serve the written notification on the day the
employee returns to duty. If the employee does not return by that date, the
supervisor must notify the Drug Testing Coordinator.

10. Supervisors are prohibited from providing an employee advanced notice of a

random drug or alcohol test selection.

C. Pre-Employment Drug Testing

1. Any individual who has been conditionally offered a position requiring P.O.S.T.
certification, a position that has been determined to include “high risk” work, or a
federally regulated transportation position is subject to pre-employment drug
testing. This includes individuals who are temporary, part-time, students,
volunteers, etc.

2. No final offer of employment for a P.O.S.T. Certified position can be tendered

until the candidate has submitted to drug screening and negative test results
have been received.

3. Whenever possible, pre-employment drug testing for all other positions should be
completed and a negative result received before employment in the high risk
position begins. In no case can the test be conducted more than ten (10)
business days after employment in the position begins.

D. Post-Accident Drug and/or Alcohol-Testing for Federally Regulated Transportation

Positions

1. Any employee performing safety-sensitive duties who is involved in an on-the-job

accident as defined by the applicable federal operating administrations is
required to undergo substance abuse testing, as ordered as soon as possible
and in accordance with applicable federal operating administration. The
Department will follow the guidelines for Post-Accident testing located in State
Personnel Board rule 478-1-.21.D.3.C.

E. Return-to-Duty Testing

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 1. Any employee who will be allowed to return to work following a positive alcohol
confirmation test result of 0.02 or higher in a random or reasonable suspicion test
may be required to receive a negative test before allowing the employee to return
to work.

2. Any employee who will return to work after self-disclosing a substance abuse
problem, must successfully complete alcohol and/or drug testing, whichever is
applicable, and obtain a negative result before returning to duty.

2. Federally regulated employees with a previous drug/alcohol free workplace

violation must successfully complete drug and/or alcohol testing (whichever
applies) as ordered and receive a negative result as a condition of return to duty
in a safety-sensitive transportation function. Federal regulations require return-
to-duty testing be conducted under direct observation.

F. Follow-up Testing

1. Any individual who returns to work following a positive alcohol confirmation test
result of 0.4 or higher in a random or reasonable suspicion test may be subject to
follow-up alcohol testing at the recommendation of the treating Substance Abuse
Professional.

2. Any individual who returns to work following the self-disclosure of a substance

abuse problem is subject to unannounced alcohol or drug testing, whichever is
applicable, for up to five (5) years.

3. Follow-up Testing for Federally Regulated Transportation Positions - Following a

determination by a Substance Abuse Professional that an employee who has
violated an alcohol or drug provision is in need of assistance in resolving
problems associated with alcohol or drug abuse, the Appointing Authority will
ensure that the employee is subject to unannounced follow-up alcohol and/or
drug testing, whichever is applicable. Mandatory follow-up testing will be
conducted only when the employee is scheduled to perform safety-sensitive
transportation functions. Testing must be conducted at least six times in the first
12 months following return to safety-sensitive transportation functions and may,
upon the recommendation of the Substance Abuse Professional, be continued
for up to 60 months. Federal regulations require return-to duty testing be
conducted under direct observation.

5.08.8 Medical Review Officer (MRO) Contact Procedure

A. The Medical Review Officer (MRO) will, upon receipt of a positive, adulterated,
substituted, or invalid laboratory report, attempt to contact the donor at the phone
numbers number indicated on the CCF/drug testing form to determine if there is an
alternative medical explanation for the test result.

1. If the test result was determined invalid, the MRO will cancel the test and, after
speaking with the donor, make a recommendation for whether to require another
collection under direct observation. If there is no contact with the donor,
observed collection will be recommended.

2. If the donor expressly refuses to discuss with the MRO 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), adulteration, or substitution, the MRO, without further
action or review, will report the test result as positive or a refusal, as applicable.

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 3. If a donor is unable to provide an alternative medical explanation for the
presence of an illegal drug(s), the MRO, after appropriate review, will report the
test result as positive for an illegal drug(s).

4. If after reasonable efforts the MRO is unable to directly contact the donor, he/she
will contact the Human Resources Division. The Department will attempt to
contact the donor and will inform the donor that he/she must personally contact
the MRO as soon as possible and that the MRO may report the test result as
positive or as a refusal, as applicable, if not contacted within 72 hours. The
Human Resources Division will notify the MRO when the message was delivered
to the donor.

5. If the Department is unable to contact the donor within two (2) business days of
the initial attempt, the Human Resources Division will notify the MRO. The MRO
will then deem the donor to have tested positive or refused testing, as
applicable..

6. The decision of the MRO regarding the verification of a positive, adulterated or

substituted drug test result will be final.

5.08.9 Exceptions
This policy will not limit the Department’s responsibility to meet legal requirements,
i.e. O.C.G.A. § 40-5-55.

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