Alcohol and Illegal Drug Use
Alcohol and Illegal Drug Use jgastley3Drug and Alcohol Testing
Drug and Alcohol TestingTo establish policies and procedures for drug and alcohol testing in accordance with the Omnibus Transportation Employee Testing Act of 1991.
The Omnibus Transportation Employee Testing Act requires alcohol and drug testing of safety sensitive employees in various fields of transportation including employees of the Board of Regents who hold commercial driver's licenses. Rules mandating implementation of the controlled substance (drug) abuse and alcohol misuse prevention programs were published by the United States Department of Transportation (USDOT) in February 1994.
In accordance with the federal law, Georgia Tech will conduct pre-employment, random, reasonable suspicion, post accident, return to duty, and follow-up drug testing for employees in safety sensitive positions requiring a commercial driver's license.
Employee or applicant
Any individual who is employed or who has been offered employment in a safety sensitive position.
Safety sensitive position
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.
Established drug test, drug testing or drug test
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).
Illegal drug
Marijuana/cannabinoids (THC), cocaine, amphetamines/methamphetamine, 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.
Medical Review Officer
A properly licensed physician who reviews and interprets drug tests and evaluates those results together with medical history or any other relevant biomedical information to confirm positive results.
Alcohol testing or alcohol test
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.
Alcohol confirmation test
A second test following an alcohol test which indicated an alcohol concentration of 0.02 percent or greater.
Breath alcohol technician
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.
Alcohol
The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohol including methyl and isopropyl alcohol.
Alcohol concentration or alcohol content
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.
Substance abuse professional
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.
Refuses testing or refused testing means:
- Expressly declining to submit to testing;
- Failure to appear for testing after proper notification;
- Failure to remain readily available for testing;
- Failure to provide adequate breath for alcohol testing without a valid medical explanation;
- Failure to provide adequate urine for drug testing without a valid medical explanation;
- Providing a urine sample determined by the testing laboratory and the Medical Review Officer to have been adulterated; or;
- Engaging in conduct that clearly obstructs the testing process.
All applicants for listed positions will be advised of Georgia Tech's commitment to a drug free workplace and that the position for which they are applying requires a pre-employment alcohol and drug test. In addition, applicants will be advised that if selected, they will be subject to random, reasonable suspicion, post accident, return to duty, and follow-up alcohol and drug testing.
Administration
Drug and alcohol testing shall be conducted in accordance with applicable federal law, regulations, and procedures. The Georgia Institute of Technology 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 testing results.
Applicability
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.
Expense of Drug Testing
The expense of drug and alcohol testing shall be the responsibility of the employer; provided, however, if an employee or applicant request that a split sample be submitted for separate analysis, the cost of such analysis shall be the responsibility of the employee or applicant.
Types of Testing:
Pre-employment Applicants for safety sensitive positions and employees who have not previously performed safety sensitive duties shall be required to successfully complete drug and alcohol testing prior to performing safety sensitive duties.
An employee selected for drug and alcohol testing shall be considered as being on duty for all time necessary to undergo the testing process including such time, if any, as may be required for transportation to and from the same collection facility. An applicant shall not be considered as being on duty for any time necessary to undergo drug and alcohol testing.
Random All affected 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 Office of Human Resources in accordance with applicable law and regulations.
Post-Accident All affected employees shall be subject to post-accident drug and alcohol testing.
Return-to-Duty Any affected 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.
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.
Reasonable Suspicion Any affected employee may be required to submit to drug and/or alcohol testing when their supervisor 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.
Disciplinary Action
If an employee refuses testing or documentation from the Medical Review Officer indicates that an employee has used an illegal drug, the supervisor shall dismiss the employee. The notice of dismissal shall include the name, address and telephone number of at least one (1) Substance Abuse Professional or counseling and treatment program.
If an applicant refuses testing or documentation from the Medical Review Officer indicates that an applicant has used an illegal drug, the applicant shall not be permitted to report for duty and the offer of employment shall be withdrawn.
Alcohol Testing
If an employee refuses testing, the employee shall be dismissed.
If the results of an employee's alcohol confirmation test indicate an alcohol concentration of 0.02 percent or greater, the employee shall be immediately removed from safety sensitive duties. Any disciplinary or adverse action deemed appropriate by the supervisor may be imposed.
Random Testing
Random Sample Once each month, the Office of Human Resources shall select, at random, a sample of positions in the subject pool.
Notice of Selection The Office of Human Resources shall notify each employee, if any, that have been selected from the subject pool. The notice shall contain the effective date to be utilized for determining the commencement of testing.
Time Limits
Employees selected for random drug testing shall be notified of the selection by the supervisor. The supervisor shall specify a date and time by which each employee must 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 employee is notified to report.
Employees selected for random alcohol testing shall be notified by the supervisor. The supervisor shall specify a date, time, and location to report 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.
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 supervisor shall specify when the employee shall report for testing.
Post Accident Testing
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 the employee is cited under state or local law with a moving violation or the accident involved the loss of human life.
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.
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.
A drug test shall be administered as soon as possible following an accident, but not later than thirty-two (32) hours following an accident.
In any instance in which an employee is not tested within specified time limits, the supervisor shall prepare and maintain on file a record of the reasons the test was not promptly administered.
Alcohol Testing Results
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.
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 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.
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.
Unsuitable Sample
If the testing laboratory and the Medical Review Officer determine that a urine sample is unsuitable for testing without legitimate medical explanation, the employee shall be directed to appear for retesting. Such retesting shall be conducted as an observed sample.
Rejected Sample
An employee whose sample is rejected by the testing laboratory or cancelled by the Medical Review Officer shall be directed to appear for retesting.
Insufficient Sample
If an employee, while at a collection facility, is unable to produce at least forty-five (45) milliliters of urine after following the procedures of the collection facility, the employee shall be directed to appear the next business day for retesting.
Positive Results From Testing
Any employee whose drug testing results indicate the use of illegal drugs shall be dismissed.
Confidentiality of Results
Results of drug testing shall be accessible only as is necessary to comply with state and federal laws.
Medical Review Officer - Drug Testing
Laboratory Reports
The testing laboratory shall forward the results of all drug testing to the Medical Review Officer who shall assure the security of such results.
Negative Results
The Medical Review Officer shall forward negative results of drug testing to the Office of Human Resources as soon as practical.
Positive Results
Laboratory reports indicating the presence of an illegal drug(s) shall be retained by the Medical Review Officer for five (5) years. Such information shall be confidential and shall only be available to the Medical Review Officer or designee and the affected employee. Positive laboratory reports shall be reviewed by the Medical Review Officer who shall make determination of legal or illegal usage.
Employee Contact Procedure
The Medical Review Officer or designee shall, upon receipt of a laboratory report indicating the presence of an illegal drug, attempt to contact the employee at the daytime or home phone number indicated on the drug testing form and shall attempt to establish a time at which a private discussion may be conducted regarding the results of the random drug testing.
If the employee expressly refuses to discuss with the Medical Review Officer the results of the random drug testing, 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 Office of Human Resources that the results of the random drug testing indicate that the employee has used an illegal drug(s).
If the Medical Review Officer is, within two (2) business days of the initial attempt, unable to directly contact the employee, the Medical Review Officer or designee shall contact the Office of Human Resources, who shall contact the employee. The supervisor shall inform the employee that the employee must contact the Medical Review Officer by the end of the next business day, or the employee shall be considered to have refused to contact the Medical Review Officer and, to have used an illegal drug.
Reporting Determination of Illegal Drug Usage
If after appropriate review, the Medical Review Officer determines that the results of a random drug testing indicate that an employee has used an illegal drug, the Medical Review Officer shall, in writing, notify the Office of Human Resources. Such notification shall include the specific drug(s) the employee has been deemed to have illegally used.
Disqualification from Employment
Period of Disqualification
Applicant Any applicant who refuses drug or alcohol testing or whose testing results indicate the use of illegal drugs or the misuse of alcohol shall be disqualified from employment for a minimum of two years from the date of testing.
Employee Any employee whose employment is terminated due to refusing drug or alcohol testing or whose testing results indicate the use of illegal drugs, shall be disqualified from employment for a minimum of two years from the date of termination.
Positive Alcohol Or Drug Test Result
Employees who violate the alcohol misuse rules will be removed from safety sensitive duty, and be referred to a substance abuse professional for evaluation. Before being returned to a safety sensitive position, the employee must:
- be evaluated by a substance abuse professional;
- comply with any recommended treatment;
- have a negative result on a return-to-duty alcohol test;
- subject his/herself to unannounced follow up tests.
As with an alcohol misuse violation, an employee who has a positive test result will be removed from duty and be referred to a substance abuse professional for evaluation. The result is not considered positive until the Medical Review Officer has interviewed the employee and determined that the positive drug test resulted from the unauthorized use of a controlled substance. Before being returned to a safety sensitive position, an employee must:
- be evaluated by a substance abuse professional;
- comply with any recommended treatment;
- have a negative result on a return-to-duty alcohol test;
- subject his/herself to unannounced follow-up-drug tests.
The Institute will provide information on contacting substance abuse professionals, counseling and treatment programs. All employees who test positive for alcohol or drug misuse will be encouraged to fully participate in case management and treatment follow-up services available through the Faculty and Staff Assistance Program. Participation is a voluntary adjunct to, not a replacement of rehabilitation. The employee assistance counselor may act as the substance abuse professional, or the counselor may refer the employee to a substance abuse professional appropriate to the employee's insurance plan.
Employee Alcohol and Illegal Drug Use
Employee Alcohol and Illegal Drug UseGeorgia Tech has a vital interest in maintaining safe and healthy working conditions for its employees. Being under the influence of a drug or alcohol on the job may pose serious safety and health risks not only to the user and to those who work with the user, but also to the students and public we serve. In compliance with the federal Drug-Free Workplace Act of 1988 and Drug-Free School and Communities Act Amendments of 1989, Georgia Tech has established this policy on employee alcohol and illegal drug use.
Georgia Tech employees must not perform job duties while using any substance in any manner that has a negative effect on performance of assigned duties or adversely affects Georgia Tech business. In accordance with federal and state laws and because of the potential detriment to the health and well-being of Georgia Tech employees, all employees are prohibited from engaging in the unlawful use, possession, manufacture, distribution, dispensation, or sale of alcoholic beverages, controlled substances (including marijuana), or other dangerous drugs on the campus of Georgia Tech (including all property owned or leased by Georgia Tech) and at all Georgia Tech activities on or off campus.
Federal, state, and local sanctions for those convicted of violating laws prohibiting the unlawful use, sale, possession, or distribution of alcohol, controlled substances, or other dangerous drugs include heavy fines, incarceration for various periods of time including life, forfeiture of assets, and suspension or loss of driver, business, or professional licenses.
It is Georgia Tech’s policy to educate our employees about wellness and the hazards of alcohol and drug abuse and the impact this has on their health and well-being, and to provide appropriate referrals to health professionals when problems are reported. Georgia Tech operates an Employee Assistance Program that provides free information and referrals to professional services for its faculty and staff on matters related to the abuse of alcohol and drugs. For more information about the Employee Assistance Program, please visit https://benefits.usg.edu/work-life/employee-assistance-program.
This policy applies to all employees, both faculty and staff (including full-time, part-time, student, temporary, intermittent and contracted employees).
Subcontracts with other organizations may require additional procedures for Georgia Tech employees working under those contracts.
Definitions
| Alcohol | The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohol including methyl and isopropyl alcohol. |
| Controlled Substance | Any drug (including marijuana), substance, or immediate precursor in Schedules I through V of Official Code of Georgia Sections 16-13-25, 16-13-26, 16-13-27, 16-13-28, and 16-13-29 and Schedules I through V of 21 C.F.R. Part 1308 (see “controlled substance” definition in Official Code of Georgia Section 16-13-21 (4)), as well as Schedules I through V of the Federal Controlled Substances Act: 21 United States Code Section 812 et seq. |
| Dangerous Drug | Prescription drugs as defined in the Official Code of Georgia Section 16-13-71. |
| Illegal Drug | All controlled substances and the illegal use of dangerous drugs. 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. |
| 5.1 Annual Notice | |
| Office of Human Resources | The Georgia Tech Office of Human Resources is responsible for ensuring that this policy is distributed annually to each employee of Georgia Tech. |
| 5.2 Drug & Alcohol Testing | |
| Office of Human Resources | The Georgia Tech Office of Human Resources manages the process for pre-employment, random, reasonable suspicion, post-accident, return-to-duty, and follow-up to rehabilitation drug and/or alcohol testing for employees per the Pre-Employment and Substance Abuse Screening Policy and Drug and Alcohol Testing Policy. |
| 5.3 Disclosure | |
| Pre-Arrest Disclosure | Per the University System of Georgia Policy 8.2.17 Voluntary Disclosure of Drug Use, if prior to arrest for an offense involving a controlled substance, including marijuana, or a dangerous drug, an employee notifies his or her supervisor that he or she illegally uses a controlled substance, including marijuana, or a dangerous drug, and is receiving or agrees to receive treatment under a substance abuse and education program approved by Georgia Tech Office of Human Resources, such employee shall be eligible to retain their position for up to 1 year, provided such employee follows the treatment program and is subject to random drug testing. Retention of such employee is conditioned upon satisfactory job performance and does not affect any disciplinary action for criminal conviction or drug related misconduct on the job. The employee’s work activities may be restructured if in the opinion of the immediate supervisor it is deemed advisable. This option is available to employees only once during a 5 year period and shall not apply to any such employee who has refused to be tested or who has tested positive for a controlled substance, including marijuana, or dangerous drug. |
Criminal Charge Disclosure
| Pursuant to University System of Georgia General Criteria for Employment Policy, any current employee charged with a crime (other than a minor traffic offense) shall report being charged with such crime in writing to the Georgia Tech Office of Human Resources within 72 hours of becoming aware of such a charge. Failure to report being charged with such a crime may result in appropriate disciplinary action, including termination of employment. The Georgia Tech Office of Human Resources - Employee Relations will review the nature of the crime and determine what, if any, action should be taken regarding the employee’s employment status until resolution of the charge. |
| 5.4 Conviction Notice | |
| All Convictions | Pursuant to University System of Georgia General Criteria for Employment Policy, any current employee convicted of a crime (other than a minor traffic offense) must report such conviction in writing to the Georgia Tech Office of Human Resources - Employee Relations within 24 hours of the conviction. Failure to report such conviction may result in appropriate disciplinary action, including termination of employment. The Georgia Tech Office of Human Resources - Employee Relations will review the nature of the crime and determine what, if any, action should be taken regarding the employee’s employment status. |
| Employees Working under Federal Contracts | If the employee is working under a federal contract, Georgia Tech Office of Sponsored Programs will notify the federal contracting agency within 10 calendar days after receiving notice from the employee, or otherwise receiving notice, of drug convictions that occur in the workplace. |
| 5.5 Employee Assistance Program | |
| Office of Human Resources - Employee Engagement & Well-Being Team | The Employee Assistance Program confidentially refers employees to resources such as clinics, physicians, and agencies. The Employee Assistance Program is provided at no cost to employees; however, the employee may be responsible for payment of services that are beyond the number of sessions provided by the Employee Assistance Program. For more information about the Employee Assistance Program, please visit the Employee Assistance Program (EAP) Human Resources page. |
Employee misconduct related to alcohol or drug abuse in violation of this policy will not be tolerated. Any employee who violates this policy or any state or federal law regarding the unlawful use, possession, manufacture, distribution, dispensation, and sale of alcoholic beverages, controlled substances (including marijuana), or other dangerous drugs shall be subject to appropriate disciplinary actions and penalties up to and including termination of employment and referral to appropriate federal, state, or local authorities for prosecution in the courts. Employees may be required, at the discretion of Georgia Tech, or as mandated by law, to participate satisfactorily in a substance abuse assistance or rehabilitation program.
To report suspected instances of noncompliance with this policy, please contact the Georgia Tech Office of Human Resources: employee-relations@ohr.gatech.edu or submit an Intake Form.
| Revision Date | Author | Description |
|---|---|---|
| October 2009 | Office of Human Resources | New Policy |
| October 2011 | Office of Human Resources | Legal compliance update |
| March 2018 | Office of Human Resources | Legal compliance update |
| October 2023 | GTHR | Updated to conform with USG HRAP updates. |
| September 2024 | GTHR | Editorial Updates |
Pre-employment and Substance Abuse Screening
Pre-employment and Substance Abuse ScreeningTo establish policies and procedures for pre-employment drug testing as required by O.C.G.A 45-20-111.
The Georgia Institute of Technology will conduct pre-employment screening examinations designed to prevent hiring individuals who use illegal drugs or individuals whose use of legal drugs indicate a potential for impaired or unsafe job performance.
Georgia Tech has vital interest in maintaining safe, healthful and efficient working conditions for its students and employees. Being under the influence of a drug or alcohol on the job may pose serious safety and health risks not only to the user, and to those who work with the user, but also to the public we serve. The possession, use or sale of an illegal drug or alcohol in the workplace may also pose unacceptable risks for a safe, healthful and efficient operation.
Designated job applicants at Georgia Tech will undergo screening for the presence of alcohol and/or illegal drugs as a condition for employment. Applicants will be required to submit to a urinalysis test at a laboratory chosen by Georgia Tech.
Georgia Tech will not discriminate against applicants for employment because of past abuse of drugs or alcohol. It is the current abuse of drugs or alcohol which prevents employees from properly performing their jobs that the Institute will not tolerate.
Applicant
a candidate who may be offered employment regular and/or temporary with Georgia Tech or has commenced employment but has not submitted to an established test for illegal drugs.
Job
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.
Position
a set of duties and responsibilities assigned or delegated by competent authority for performance by one person.
Illegal Drug
means marijuana/cannabinoids (THC), cocaine, amphetamines/methamphetamines, 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.
Establish Test
the collection and testing of bodily fluids 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).
Medical Review Officer/
a properly licensed physician who reviews and interprets results of drug testing and evaluates those results together with medical history or any other relevant biomedical information to confirm positive and negative results.
Positions to Be Tested
Positions to be tested
Testing
Fill out the Applicant's Disclosure and Consent Release of Information form.
An applicant who is offered employment in a position requiring a drug test shall, prior to commencing employment, submit to an established test for alcohol and/or illegal drugs.
Any applicant who declines an offer of employment for reasons not related to drug testing shall not be deemed to have refused drug testing.
Any applicant who expressly declines drug testing or engages in conduct that clearly obstructs the testing process shall be deemed to have refused drug testing.
Any applicant who fails to appear for drug testing after proper notification shall be deemed to have refused drug testing.
Any applicant who fails to provide adequate urine for testing without a valid medical reason shall be deemed to have refused testing.
Screening Results
Adulterated Sample: If the testing laboratory and the Medical Review Officer determine that the sample of an applicant has been adulterated, the applicant shall be deemed to have refused drug testing.
Rejected Sample: An applicant whose sample is rejected by the testing laboratory may, at the discretion of the Office of Human Resources, be directed to appear for retesting.
Unsuitable Sample: If the testing laboratory and the Medical Review Officer determine that the sample of an applicant is unsuitable for testing without legitimate medical explanation, the applicant may, at the discretion of the Office of Human Resources, be directed to appear for retesting. Such retesting shall be conducted as an observed sample.
Negative Results: An applicant whose results of drug testing do not indicate illegal drug usage may be considered as eligible for employment. Such negative results may be utilized by any other state employer for a period of thirty (30) calendar days after the date the test was administered.
Positive Results: An applicant whose results of drug testing indicate that the applicant has used an illegal drug(s) shall be disqualified from employment.
Non-Disclosure: The results of pre-employment drug testing shall remain confidential and shall not be a public record unless necessary for the administration of this rule or otherwise mandated by other state or federal law.
Laboratory Reports: The testing laboratory shall forward the results of all pre-employment drug tests to the Medical Review Officer who shall assure the security of such results.
Reporting Negative Results: The Medical Review Officer shall forward negative results of pre-employment drug tests to the Office of Human Resources as soon as practicable. The Office of Human Resources shall notify the appropriate personnel that the applicant is eligible for employment.
Reporting 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 applicant. 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.
Confirmatory Test
Any test which indicates the presence of illegal drugs shall be followed by a confirmatory test using gas chromatography/mass spectrometry analysis. If results of the confirmatory test indicate the presence of illegal drugs, such results shall be reviewed and interpreted by a Medical Review Officer (MRO) to determine if there is an alternative medical explanation. The testing facility will contact the individual directly if confirmatory test and medical review is necessary.If the applicant provides appropriate documentation and the Medical Review Officer determines that it is a legitimate usage of the substance, the results shall be reported as negative.
Applicant Contact Procedure
The Medical Review Officer shall, upon receipt of a positive laboratory report, attempt to contact the applicant 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.
If the applicant expressly refuses to discuss with the Medical Review Officer the results of the pre-employment drug testing, 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 Office of Human Resources that the results of the drug testing indicates that the employee has used an illegal drug(s). The Office of Human Resources shall report to the supervisor that the applicant is disqualified from employment.
If the Medical Review Officer is, within two (2) business days of the initial attempt, unable to directly contact the applicant, the Medical Review Officer shall contact the Employment or Tech Temp Supervisor in the Office of Human Resources, who shall attempt to contact the applicant and shall inform the applicant that the applicant must contact the Medical Review Officer by the end of the next business day, or the applicant shall be considered to have tested positive for the use of illegal drugs, and as specified, to have been disqualified from holding any position with the employer for a period of two (2) years from the date the test was administered.
If the Employment or Tech Temp Supervisor is unable to contact the applicant within two (2) business days of the initial attempt, the Supervisor shall so notify the Medical Review Officer. The Medical Review Officer shall then deem the applicant to have tested positive.
Reporting Determination of Illegal Drug Usage: If an applicant is unable or fails to provide an alternative medical explanation for the presence of an illegal drug(s), the Medical Review Officer, after appropriate review, shall notify the Employment or Tech Temp Supervisor that the applicant is disqualified from employment. The results of the test shall remain confidential and shall not be public record unless necessary for the administration of these provisions or otherwise mandated by other state or federal law.
Hiring Process
Advertising
Advertisements for positions (117) listed in this document will include the following statement: "The Georgia Institute of Technology is committed to a drug free workplace. This position will require a pre-employment drug test." This statement will be included in every outside advertisement, i.e. Atlanta Journal/Constitution and Atlanta Daily World, etc..
Georgia Tech Job Bulletin
Positions requiring a pre-employment drug test will be advertised in the Internal and External Job Bulletins under the Qualifications section as follows: "The Georgia Institute of Technology is committed to a drug free workplace. This position will require a pre-employment drug test."
Job Request Form
The Office of Human Resources will be responsible for annotating on the Job Request Form when the position requires a pre-employment drug test.
Recruiting, Prescreening and Interviewing
All applicants for listed (117) positions will be advised of Georgia Tech's commitment to a drug free workplace and that the position for which they are applying requires a pre-employment drug test.
Former Employees Rehired at Georgia Tech
If an employee worked in one of the 117 safety sensitive positions, listed in this policy and terminates, the negative test results applied only to that position. If that individual is rehired in the same or another safety sensitive position listed in this policy, the candidate must be retested prior to reporting on the first day of work. Departments must not allow the selected candidate to start working until notification of a negative test result is verified by the Office of Human Resources.
Drug Testing Process:
- After the department interviews and selects the number one candidate, the paperwork will be returned to OHR/Employment. OHR will refer the candidate to the drug testing facility.
- The drug testing facility, upon completing the test, will notify the Employment or Tech Temp Supervisor (or a designee) of the test results.
- If the test is positive, the department will be notified by OHR that the candidate is disqualified for employment. The candidate will be notified by OHR regarding the disqualification.
- If the test is negative, the OHR Supervisor (or designee) will notify the hiring department to make the job offer to the candidate. Disqualification from Employment An applicant who refuses to submit to or fails to appear for an established test for alcohol or illegal drugs or whose test results are positive, shall be disqualified from employment by the state. Such disqualification shall not be removed for a period of two years from the date that such test was administered or offered, whichever is later.
Disqualification from Employment
An applicant who refuses to submit to or fails to appear for an established test for alcohol or illegal drugs or whose test results are positive, shall be disqualified from employment by the state. Such disqualification shall not be removed for a period of two years from the date that such test was administered or offered, whichever is later.