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House Journal: Page 485: Wednesday, March 4, 1998

16   from work pursuant to the employer's work policy prior
17   to the time the testing is announced to employees.
18     b.  Employers may conduct drug or alcohol testing
19   of employees during, and after completion of, drug or
20   alcohol rehabilitation.
21     c.  Employers may conduct reasonable suspicion drug
22   or alcohol testing.
23     d.  Employers may conduct drug or alcohol testing
24   of prospective employees.
25     e.  Employers may conduct drug or alcohol testing
26   as required by federal law or regulation or by law
27   enforcement.
28     f.  Employers may conduct drug or alcohol testing
29   in investigating accidents in the workplace in which
30   the accident resulted in an injury to a person for
31   which injury, if suffered by an employee, a record or
32   report could be required under chapter 88, or resulted
33   in damage to property, including to equipment, in an
34   amount reasonably estimated at the time of the
35   accident to exceed one thousand dollars.
36     9.  WRITTEN POLICY AND OTHER TESTING REQUIREMENTS.
37     a.  Drug or alcohol testing or retesting by an
38   employer shall be carried out within the terms of a
39   written policy which has been provided to every
40   employee subject to testing, and is available for
41   review by employees and prospective employees.
42     b.  The employer's written policy shall provide
43   uniform requirements for what disciplinary or
44   rehabilitative actions an employer shall take against
45   an employee or prospective employee upon receipt of a
46   confirmed positive drug or alcohol test result or upon
47   the refusal of the employee or prospective employee to
48   provide a testing sample.  The policy shall provide
49   that any action taken against an employee or
50   prospective employee shall be based only on the

Page 9

 1   results of the drug or alcohol test.  The written
 2   policy shall also provide that if rehabilitation is
 3   required pursuant to paragraph "g", the employer shall
 4   not take adverse employment action against the
 5   employee so long as the employee complies with the
 6   requirements of rehabilitation and successfully
 7   completes rehabilitation.
 8     c.  Employers shall establish an awareness program
 9   to inform employees of the dangers of drug and alcohol
10   use in the workplace and comply with the following
11   requirements in order to conduct drug or alcohol
12   testing under this section:
13     (1)  If an employer has an employee assistance
14   program, the employer must inform the employee of the
15   benefits and services of the employee assistance

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URL: /DOCS/GA/77GA/Session.2/HJournal/00400/00485.html
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