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House Journal: Page 489: Wednesday, March 4, 1998

16   of a positive drug or alcohol test result, indicating
17   the presence of drugs or alcohol, in good faith, or on
18   the refusal of an employee or prospective employee to
19   submit to a drug or alcohol test.
20     b.  Failure to test for drugs or alcohol, or
21   failure to test for a specific drug or controlled
22   substance.
23     c.  Failure to test for, or if tested for, failure
24   to detect, any specific drug or other controlled
25   substance.
26     d.  Termination or suspension of any substance
27   abuse prevention or testing program or policy.
28     e.  Any action taken related to a false negative
29   drug or alcohol test result.
30     12.  EMPLOYER LIABILITY - FALSE POSITIVE TEST
31   RESULTS.
32     a.  Except as otherwise provided in paragraph "b",
33   a cause of action shall not arise against an employer
34   who has established a program of drug or alcohol
35   testing in accordance with this section, unless all of
36   the following conditions exist:
37     (1)  The employer's action was based on a false
38   positive test result.
39     (2)  The employer knew or clearly should have known
40   that the test result was in error and ignored the
41   correct test result because of reckless, malicious, or
42   negligent disregard for the truth, or the willful
43   intent to deceive or to be deceived.
44     b.  A cause of action for defamation, libel,
45   slander, or damage to reputation shall not arise
46   against an employer establishing a program of drug or
47   alcohol testing in accordance with this section unless
48   all of the following apply:
49     (1)  The employer discloses the test results to a
50   person other than the employer, an authorized

Page 13

 1   employee, agent, or representative of the employer,
 2   the tested employee or the tested applicant for
 3   employment, an authorized substance abuse treatment
 4   program or employee assistance program, or an
 5   authorized agent or representative of the tested
 6   employee or applicant.
 7     (2)  The test results disclosed incorrectly
 8   indicate the presence of alcohol or drugs.
 9     (3)  The employer negligently discloses the
10   results.
11     c.  In any cause of action based upon a false
12   positive test result, all of the following conditions
13   apply:
14     (1)  The results of a drug or alcohol test
15   conducted in compliance with this section are presumed

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URL: /DOCS/GA/77GA/Session.2/HJournal/00400/00489.html
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