What are the drug testing laws in Georgia?
In general, there are no laws in Georgia that prohibit drug testing. Employers are generally free to make whatever drug testing policy they want, as long as it doesn’t violate federal law. Under federal law, certain industries have strict drug testing rules. Federal law also says that drug testing cannot be discriminatory and it can’t violate your privacy in certain ways.
Georgia employers can make whatever drug policy they would like (or no policy at all). BUT if your employer adopts Georgia’s Drug Free Workplace policy, they must follow certain rules.
What are the rules for drug testing before I am hired?
An employer who has a drug-free workplace program cannot randomly drug test applicants.
They must either:
Test all applicants who they give conditional offers to, or
Test all applicants who they give conditional offers to for certain job categories. An employer might test every applicant for a job that involves dangerous work.
The employer must include notice of drug testing in the job announcement.
What are the rules for drug testing when I have a job?
If you work for an employer who has a drug-free workplace program, your employer can test you if:
You had an accident that resulted in time off work.
You are suspected of drug use. The reason for your employer’s suspicions must be documented. You must be able to see the documentation if you ask.
Your employer routinely schedules a fitness-for-duty medical exam,
When you return to work after rehab.
Your employer may also conduct random drug testing.
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What are my rights and responsibilities with workplace drug testing?
You have the right to get notice of the workplace’s drug testing policy. The policy must be in writing and if you are an employee, you must get at least 60 days’ notice before the policy goes into effect.
If you are an employee and you test positive for drugs, you have five days to dispute or explain the result.
If you believe you were drug tested illegally by your employer, you have the right to pursue a legal claim.
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What are employers’ rights and responsibilities with workplace drug testing?
Most employers have the right to adopt whatever drug testing policy they want. Employers are responsible for drug testing employees in a way that is not discriminatory. Employers are responsible for overly invasive of their privacy.
Employers who adopt a drug-free workplace program are responsible for:
Putting the policy in writing,
Giving the policy to every employee,
Giving employees at least 60 days notice of the policy,
Notifying potential applicants of the drug policy.
Doing the test according to the drug-free workplace rules:
In a way that protects privacy,
By someone authorized to do the drug tests,
Results analyzed at an approved laboratory.
Employers who have a drug-free workplace program must also provide:
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