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House Journal: Page 517: Wednesday, March 4, 1998

12   subsection:
13     a.  Employers may conduct drug or alcohol testing
14   of employees for up to two years after completion of
15   drug or alcohol rehabilitation.
16     b.  Employers may conduct reasonable suspicion drug
17   or alcohol testing.
18     c.  Employers may conduct drug or alcohol testing
19   of prospective employees.
20     d.  Employers may conduct drug or alcohol testing
21   as required by federal law or regulation.
22     e.  Employers may conduct drug or alcohol testing
23   in investigating accidents in the workplace which
24   result in a personal injury which requires medical
25   treatment away from the workplace or damage to
26   property, including equipment, in an amount reasonably
27   estimated to exceed one thousand dollars at the time
28   of the accident.
29     8.  WRITTEN POLICY AND OTHER TESTING REQUIREMENTS.
30     a.  Prior to conducting drug or alcohol testing
31   under this section, an employer shall establish,
32   following consultation with representatives of
33   employees, a written policy consistent with the
34   requirements of this section governing such testing.
35   The employer shall comply with this section and the
36   requirements of the written policy to conduct drug or
37   alcohol testing of employees and prospective employees
38   and shall provide the written policy to every employee
39   subject to testing and shall make the policy available
40   for review by employees and prospective employees.  In
41   addition, the employer's written policy shall provide
42   for notice to prospective employees if a drug or
43   alcohol test will be required of a prospective
44   employee prior to employment.
45     b.  The employer's written policy shall provide
46   uniform requirements for what disciplinary or
47   rehabilitative actions an employer shall take against
48   an employee or prospective employee upon receipt of a
49   confirmed positive drug or alcohol test result or upon
50   the refusal of the employee or prospective employee to

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 1   provide a testing sample.  The policy shall provide
 2   that any action taken against an employee or
 3   prospective employee shall be based only on the
 4   results of the drug or alcohol test and shall not in
 5   any way, or to any degree, take into account race,
 6   age, gender, job performance, job classification,
 7   seniority, salary, representation status or
 8   activities, political philosophy, religion, creed,
 9   national origin, or any other personal factor, whether
10   work-related or not.  An employer who fails to comply
11   with the provisions of this subsection as to a drug or

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URL: /DOCS/GA/77GA/Session.2/HJournal/00500/00517.html
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