SOP_NUMBER: 104.59
TITLE: Alcohol and Drug Testing Program - Safety Sensitive Positions
DIVISION: Administrative & Finance
TOPIC_AREA: 104 Policy-HR Appearance/Conduct/Evaluations
EFFECTIVE_DATE: 2017-10-30
WORD_COUNT: 5338
POWERDMS_URL: https://public.powerdms.com/GADOC/documents/248785
URL: https://gps.press/sop-data/104.59/
SUMMARY:
This policy establishes Georgia Department of Corrections procedures for testing employees in safety-sensitive positions for alcohol and drug use in compliance with federal transportation regulations. The policy applies to all GDC employees required to perform safety-sensitive duties, particularly those required to possess a commercial driver's license. Testing covers illegal drugs (marijuana, cocaine, amphetamines, opiates, PCP) and alcohol misuse through screening, confirmation tests, and Medical Review Officer evaluation.
KEY_TOPICS: alcohol testing, drug testing, safety-sensitive positions, commercial driver's license, CDL, controlled substances, drug screening, breath alcohol test, EBT, NHTSA, Omnibus Transportation Employee Testing Act, workplace drug testing, employee testing, motor vehicle safety, substance abuse, pre-employment testing, random testing, post-accident testing
ATTACHMENTS:
1. Drug Test Awareness Statement_Notification
URL: https://gps.press/sop-data/104.59-att-1/
2. Alcohol and_or Drug Test Notification
URL: https://gps.press/sop-data/104.59-att-2/
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FULL TEXT:
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|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|
|**Policy Number:** 104.59|**Effective Date:** 10/30/17|**Page Number:** 1 of 17|
|**Authority:**
Commissioner|**Originating Division:**
Administration and Finance
Division (Human Resources)|**Access Listing:**
Level I: All Access|
**I.** **Introduction and Summary:**
The Georgia Department of Corrections [GDC] shall make every effort to ensure
the safety of employees and the traveling public by reducing the potential for
motor vehicle accidents due to the abuse of controlled substances and the misuse
of alcohol by employees who are required to possess a commercial driver’s
license. GDC intends to accomplish this goal by fully complying with the
Omnibus Transportation Employee Testing Act of 1991 and applicable federal
regulations. Accordingly, all employees of the GDC who are required to perform
safety-sensitive duties are subject to testing for the use of controlled substances
and the misuse of alcohol as described in this policy.
**II.** **Authority:**
A. 49 C.F.R. Part 40, 49 C.F.R. § 382.103;
B. O.C.G.A. §§ 16-13-71, 34-9-415, 45-20-8, 45-20-9, 45-20-111, 45-20-90, 45
20-91, 45-20-92, 45-20-93, and 45-23-2;
D. State Personnel Board Rule [SPBR]: Ga Comp. R. & Regs. 478-1-.21;
E. GDC Standard Operating Procedures [SOPs]: 104.01 Delegation of
Authority, 104.07 Position Actions, and 104.09 Filling a Vacancy; and
F. ACA Standards: 2-CO-1C-20, 1-CTA-1C-07, and 4-4063.
**III.** **Definitions:**
A. **Alcohol** - The intoxicating agent in beverage alcohol, ethyl alcohol, or other
low molecular weight alcohol including methyl and isopropyl alcohol.
B. **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.
C. **Alcohol Confirmation Test** - A breath test using an evidential breath testing
device [EBT] capable of printing results and approved by the National
Highway Traffic Safety Administration [NHTSA] and placed on its
Conforming Products List of Evidential Breath Measurement Devices used to
determine whether an individual may have a prohibited concentration of
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
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|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|
|**Policy Number:** 104.59|**Effective Date:** 10/30/17|**Page Number:** 2 of 17|
|**Authority:**
Commissioner|**Originating Division:**
Administration and Finance
Division (Human Resources)|**Access Listing:**
Level I: All Access|
alcohol in a breath specimen. Such testing must be performed by a certified
Breath Alcohol Technician. Such test may be a second test following an
alcohol screening test which indicates an alcohol concentration of 0.02 or
greater.
D. **Appointing Authority** - The Commissioner in accordance with SPBR.
SPBRs permit the Appointing Authority to delegate certain responsibilities to
others within the agency. For the purpose of this SOP, Appointing Authority
refers to both the Commissioner and those to whom the Commissioner has
delegated certain Appointing Authority responsibilities as outlined in SOP
104.01 - Delegation of Authority.
E. **Safety Sensitive Employees** - Employees in a safety sensitive position.
F. **Commercial Motor Vehicle [CMV]** - A motor vehicle or combination of
motor vehicles used in commerce to transport passengers or property if the
motor vehicle:
1. Has a gross combination weight rating or gross combination weight of
11,794 kilograms or more (26,001 pounds or more), whichever is
greater, inclusive of a towed unit(s) with a gross vehicle weight rating
or gross vehicle weight of more than 4,536 kilograms (10,000 pounds),
whichever is greater;
2. Has a gross vehicle weight rating or gross vehicle weight of 11,794 or
more kilograms (26,001 or more pounds), whichever is greater;
3. Is designed to transport 16 or more passengers, including the driver; or
4. Is of any size and used in the transportation of materials found to be
hazardous for the purposes of the Hazardous Materials Transportation
Act (49 U.S.C. 5103(b)) and which require the motor vehicle to be
placed under Hazardous Materials Regulations (49 CFR Part 172,
Subpart F).
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
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|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|
|**Policy Number:** 104.59|**Effective Date:** 10/30/17|**Page Number:** 3 of 17|
|**Authority:**
Commissioner|**Originating Division:**
Administration and Finance
Division (Human Resources)|**Access Listing:**
Level I: All Access|
G. **Driver** - Any person who operates a CMV, which includes full time,
regularly employed drivers, casual, intermittent or occasional drivers, leased
drivers and independent owner-operator contractors.
H. **Drug Test** - The collection and testing of bodily fluids for the presence of
illegal drugs administered in a manner consistent with the Mandatory
Guidelines for Federal Workplace Drug Testing Programs (49 CFR Parts 40
and 382, 14 CFR Part 121, Appendices I and J, 33 CFR Part 95, and 49 CFR
Part 655).
I. **Employee or Applicant** - An individual who is employed or who has been
offered employment in a safety-sensitive position.
J. **Illegal Drugs -** Includes marijuana, cocaine, amphetamines, opiates or
phencyclidine (PCP), or any other controlled substance included in 49 CFR
40.85.
K. **Medical Review Officer (MRO)** - A properly licensed physician who
receives and reviews the results of drug tests and evaluates those results,
together with medical history or any other relevant biomedical information,
to confirm positive results.
L. **Off-site Drug Testing -** Utilized when safety sensitive employees have been
instructed to submit to testing at an approved designated site other than a
GDC facility.
M. **Safety Sensitive Functions** -All time from the time a Driver begins to work
or is required to be in readiness to work until the time he/she is relieved from
work and all responsibility for performing work and includes:
1. All time waiting to be dispatched, unless the Driver has been relieved
from duty by the employer;
2. All time inspecting equipment or otherwise inspecting, servicing, or
conditioning any CMV;
3. All time spent at the driving controls of a CMV in operation;
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|
|**Policy Number:** 104.59|**Effective Date:** 10/30/17|**Page Number:** 4 of 17|
|**Authority:**
Commissioner|**Originating Division:**
Administration and Finance
Division (Human Resources)|**Access Listing:**
Level I: All Access|
4. All time, other than driving time, in or upon any CMV except time spent
resting in a sleeper berth;
5. All time loading or unloading a vehicle, supervising, or assisting in the
loading or unloading, attending a vehicle being loaded or unloaded,
remaining in readiness to operate the vehicle, or in giving or receiving
receipts for shipments loaded or unloaded; and
6. All time repairing, obtaining assistance, or remaining in attendance upon
a disabled vehicle.
M. **Safety Sensitive Job** - Any position whose incumbent is required to perform
Safety Sensitive Functions.
N. **Substance Abuse Professional [SAP]** - A licensed physician (Medical
Doctor or Doctor of Osteopathy), or a licensed or certified psychologist,
social worker, employee assistance professional (EAP), addiction counselor
(certified by the National Association of Alcoholism and Drug Abuse
Counselors Certification Commission), or marriage and family counselor.
This professional must: be knowledgeable of and experienced in the
diagnosis and treatment of alcohol and controlled substances related
disorders; be knowledgeable about the SAP function as it relates to employer
interests in safety-sensitive duties per 49 CFR 40 for the DOT agency
regulations applicable to the employers for whom they evaluate employees;
be knowledgeable of the DOT SAP Guidelines; receive qualification training
on seven key defined areas by a qualified trainer; satisfactorily complete an
examination administered by a nationally-recognized professional or training
organization; and satisfactorily complete at least 12 professional development
hours of continuing education every three years.
**IV.** **Statement of Policy and Applicable Procedures:**
A. Federal regulations require alcohol and drug testing of Safety Sensitive
Employees and Applicants.
1. Pre-employment – Employees and applicants must submit to pre
employment drug testing. A negative result must be received prior to
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
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|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|
|**Policy Number:** 104.59|**Effective Date:** 10/30/17|**Page Number:** 5 of 17|
|**Authority:**
Commissioner|**Originating Division:**
Administration and Finance
Division (Human Resources)|**Access Listing:**
Level I: All Access|
allowing the performance of Safety Sensitive functions. See Sections D
and E for the drug testing process and consequences of refusal to test or a
positive result.
2. Random - GDC will randomly select Safety Sensitive Employees each
month for drug and alcohol testing. Employees in selected positions are
required to report for alcohol or drug testing IMMEDIATELY upon
receiving the directive to report.
**Random alcohol testing must be conducted on a workday on which**
**the employee is scheduled to perform safety sensitive duties and**
**should not be more than two (2) hours before or after the**
**performance of Safety Sensitive Functions. The employee cannot be**
**notified of the random alcohol test more than four (4) hours before**
**testing.**
**If the scheduled employee is on an approved leave of absence, the**
**random alcohol/drug test will be conducted upon the first day the**
**employee is scheduled to perform safety sensitive duties.**
See Sections B and C for the consequences of a refusal to submit to an
alcohol test or a positive alcohol result. See Sections D and F for the drug
testing process and consequences of a refusal to drug test or a positive
drug result.
3. Post-Accident – Employees must submit to alcohol and drug testing as
soon as possible following an on-the-job vehicular accident that occurred
while performing Safety Sensitive Functions under the following
circumstances (See attachment 1):
a. The accident involves the loss of human life (the driver and all other
employees riding in the vehicle must be tested);
b. The employee receives a citation under state or local law and the
accident resulted in the medical treatment of any person away from
the scene of the accident (only the driver must be tested); or
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|
|**Policy Number:** 104.59|**Effective Date:** 10/30/17|**Page Number:** 6 of 17|
|**Authority:**
Commissioner|**Originating Division:**
Administration and Finance
Division (Human Resources)|**Access Listing:**
Level I: All Access|
c. The employee receives a citation under state or local law and the
accident resulted in disabling damage to any motor vehicle, which
required a tow-away (only the driver must be tested).
d. Under no circumstances will 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.
e. An alcohol test should be administered within two hours following an
accident. If for any reason the test cannot be administered within
eight hours of an accident, the Appointing Authority will cease
attempting to administer the test.
f. A drug test will be administered as soon as possible following an
accident, but not later than 32 hours following an accident.
g. In any instance in which an employee is not tested within specified
time limits, the Appointing Authority must prepare and maintain on
file a record of the reasons the test was not promptly administered.
4. Reasonable Suspicion - Alcohol and/or drug testing may be required
when a trained manager makes specific, contemporaneous, articulable
observations about an employee’s appearance, behavior, speech or body
odors that generates a reasonable suspicion that the employee is not free
from alcohol and/or illegal drugs.
**Per Federal Regulation, reasonable suspicion alcohol testing may**
**only be conducted when the observations were made not more than**
**two (2) hours before or after the performance of CDL-related duties** .
There are no limits from SPBR, therefore **trained CDL managers will**
**need an approval from the Director of the Department of Human**
**Resources prior to directing a CDL employee to Reasonable**
**Suspicion testing (See Attachment 1).**
Employees are to be accompanied and transported if the test results from
reasonable suspicion.
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|
|**Policy Number:** 104.59|**Effective Date:** 10/30/17|**Page Number:** 7 of 17|
|**Authority:**
Commissioner|**Originating Division:**
Administration and Finance
Division (Human Resources)|**Access Listing:**
Level I: All Access|
See Sections B and C for the consequences of a refusal to submit to an
alcohol test or a positive alcohol result. See Sections D thru F for the drug
testing process and consequences of a refusal to drug test or a positive
drug result.
5. Return-to-Duty - Any employee who has been subject to alcohol testing
and whose test results indicate that he/she has misused alcohol must
undergo a return-to-duty test. The test must indicate an alcohol
concentration of less than 0.02 before the employee can be returned to
safety-sensitive duties. See Section E.
6. Follow-up - Following a determination by a SAP that an employee is in
need of assistance in resolving problems associated with alcohol misuse,
the GDC Director of Human Resources will ensure that the employee is
subject to unannounced follow-up alcohol testing. Mandatory follow-up
testing will be conducted only when the employee is scheduled to
perform Safety-Sensitive Functions. Testing must be conducted at least
six times in the first 12 months following return to safety-sensitive duty
and may, upon the recommendation of the SAP, be continued for up to 60
months.
**Follow-up alcohol testing may only be conducted within two (2) hours**
**of the performance of CDL-related duties** .
B. Alcohol Testing Results and Consequences;
1. Because alcohol metabolizes rapidly, it is important that employees
ordered to alcohol testing report to the closest testing site as soon as
possible.
a. A safety-sensitive employee whose test indicates an alcohol
concentration of .02 or greater will be given an alcohol confirmation
test not less than 15 minutes nor more than 20 minutes after the
screening test.
b. Any employee whose alcohol confirmation test indicates an alcohol
concentration of 0.02 or greater will be immediately removed from
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|
|**Policy Number:** 104.59|**Effective Date:** 10/30/17|**Page Number:** 8 of 17|
|**Authority:**
Commissioner|**Originating Division:**
Administration and Finance
Division (Human Resources)|**Access Listing:**
Level I: All Access|
safety-sensitive duties for a period of not less than 24 hours and will
not be returned to Safety Sensitive Functions until a subsequent test
indicates an alcohol concentration of less than 0.02 percent.
Any employee removed from duty will be deemed to have voluntarily
forfeited pay for any scheduled duty time during the 24-hour period
immediately following the removal. The employee will be notified,
in writing, of the forfeiture of pay.
c. Any employee whose alcohol confirmation test indicates an alcohol
concentration of 0.04 or greater will not be returned to safetysensitive duties until the employee has been evaluated by a SAP and
is able to provide documentation that the SAP has certified that the
employee is fit to return to duty.
d. Any disciplinary or adverse action deemed appropriate by the
Appointing Authority may also be imposed.
2. If it is determined that an employee will be retained, the employee will be
referred to a SAP for evaluation of the problems associated with alcohol
misuse.
3. The employee must complete a return-to-duty alcohol test that indicates
an alcohol concentration of less than 0.02 prior to returning to CDLrelated duty.
4. SPBR require GDC to direct the employee to follow-up alcohol testing at
least six (6) times during the first year following the driver's return to
duty. GDC will direct the employee to additional follow-up testing based
on the recommendation of the SAP.
5. Treatment for alcohol misuse may qualify for Family and Medical Leave.
6. If a P.O.S.T. certified employee has a verified positive drug test result or
a confirmed positive alcohol test, the Appointing Authority will notify the
employee, in writing, of immediate termination of employment.
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|
|**Policy Number:** 104.59|**Effective Date:** 10/30/17|**Page Number:** 9 of 17|
|**Authority:**
Commissioner|**Originating Division:**
Administration and Finance
Division (Human Resources)|**Access Listing:**
Level I: All Access|
C. Refused Alcohol Testing and Consequences:
1. Employees are considered to have refused alcohol testing under the
following circumstances:
a. Expressly refusing to submit to testing;
b. Engaging in conduct that clearly obstructs the testing process;
c. Failing to immediately report for testing after receiving notification;
d. Failing to remain readily available for testing; or
e. Failing to provide adequate breath for alcohol testing without a valid
medical reason (i.e., a medical statement must be received which
indicates that the employee is under treatment for a condition which
supports the inability to provide adequate breath).
**Federal Regulation (49 CFR § 40.265) includes specific**
**procedures that must be followed if a CDL employee does not**
**provide adequate breath** .
2. Employees who refuse alcohol testing are to be immediately separated
from employment. The termination will be effective as of the date of the
notice. The employee will also be disqualified from holding any position
with a state employer for a period of two (2) years from the date of the
notice.
D. Drug Testing Process:
1. Once directed to report for drug testing, applicants/employees are to
IMMEDIATELY report to an authorized collection site with photo
identification and the appropriate drug testing form.
2. Drug testing is conducted by collecting a urine sample. The sample is
tested following specific collection and chain of custody procedures to
ensure the test is not compromised. Reports are forwarded to a Medical
Review Officer for review and final determination of results.
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|
|**Policy Number:** 104.59|**Effective Date:** 10/30/17|**Page Number:** 10 of 17|
|**Authority:**
Commissioner|**Originating Division:**
Administration and Finance
Division (Human Resources)|**Access Listing:**
Level I: All Access|
3. An observed collection may be required under the following
circumstances:
a. The employee attempts to tamper with his or her specimen at the
collection site;
b. The specimen temperature is outside the acceptable range;
c. The specimen shows signs of tampering, unusual color, odor, or
characteristic; or
d. The collector finds an item in the employee’s pockets or wallet which
appears to have been brought into the site to contaminate a specimen,
or the collector notes conduct suggesting tampering;
e. The Medical Review Officer (MRO) orders the direct observation
because:
i. The employee has no legitimate medical reason for certain
atypical laboratory results; or
ii. The employee’s positive or refusal (adulterated/substituted) test
result had to be cancelled because the split specimen test could not
be performed (for example, the split was not collected); or
f. The test is a follow-up test or a return-to-duty test.
Employees/Applicants will be given a copy of the completed drug
testing form at the collection site. This copy is to be given to the
supervisor and HR will retain a copy immediately after the test.
E. Refused Drug Testing and Consequences:
1. Employees/Applicants are considered to have refused drug testing under
the following circumstances:
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|
|**Policy Number:** 104.59|**Effective Date:** 10/30/17|**Page Number:** 11 of 17|
|**Authority:**
Commissioner|**Originating Division:**
Administration and Finance
Division (Human Resources)|**Access Listing:**
Level I: All Access|
a. The Employee or Applicant fails to appear for any test (except a pre
employment test) within a reasonable time, as determined by the
employer, consistent with applicable DOT agency regulations, after
being directed to do so by the employer. This includes the failure of
an Employee (including an owner-operator) to appear for a test when
called by a C/TPA;
b. The Employee or Applicant fails to remain at the testing site until the
testing process is complete, provided that an Employee or Applicant
who leaves the testing site before the testing process commences for a
pre-employment test is not deemed to have refused to test;
c. The Employee or Applicant fails to provide a urine specimen for any
drug test required by this policy or DOT agency regulations, provided
that an Employee or Applicant who does not provide a urine specimen
because he or she has left the testing site before the testing process
commences for a pre-employment test is not deemed to have refused
to test;
d. In the case of a directly observed or monitored collection in a drug
test, the Employee or Applicant fails to permit the observation or
monitoring of the provision of a specimen;
e. The Employee or Applicant fails to provide a sufficient amount of
urine when directed, and it has been determined, through a required
medical evaluation, that there was no adequate medical explanation
for the failure;
f. The Employee or Applicant fails or declines to take an additional drug
test the employer or collector has directed the Employee or Applicant
to take;
g. The Employee or Applicant fails to undergo a medical examination or
evaluation, as directed by the MRO as part of the verification process,
or as directed by the designated employer representative [DER] under
49 CFR §40.193(d). In the case of pre-employment drug testing, the
Employee or Applicant is deemed to have refused to test on this basis
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|
|**Policy Number:** 104.59|**Effective Date:** 10/30/17|**Page Number:** 12 of 17|
|**Authority:**
Commissioner|**Originating Division:**
Administration and Finance
Division (Human Resources)|**Access Listing:**
Level I: All Access|
only if the pre-employment test is conducted following a contingent
offer of employment. If there was no contingent offer of
employment, then the MRO will cancel the test;
h. The Employee or Applicant fails to cooperate with any part of the
testing process (e.g., refuses to empty pockets when directed by the
collector, behaves in a confrontational way that disrupts the collection
process, fails to wash hands after being directed to do so by the
collector);
i. For an observed collection, the Employee or Applicant fails to follow
the observer’s instructions to raise clothing above the waist, lower
clothing and underpants, or to turn around to permit the observer to
determine if the Employee or Applicant has any type of prosthetic or
other device that could be used to interfere with the collection
process;
j. The Employee or Applicant possesses or wears a prosthetic or other
device that could be used to interfere with the collection process;
k. The Employee or Applicant admits to the collector or MRO that the
Employee or Applicant adulterated or substituted the specimen;
l. If the MRO reports that an Employee or Applicant has a verified
adulterated or substituted test result, then the Employee or Applicant
shall be deemed to have refused the test.
m. If an Employee or Applicant refuses to take a drug test, then the
Employee or Applicant shall incur the consequences provided by
DOT regulations for violating such DOT regulations.
2. The GDC Director of Human Resources must be informed immediately
when an Employee or Applicant refuses drug testing. Upon being
informed of such refusal, the GDC Director of Human Resources shall
coordinate the following actions:
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|
|**Policy Number:** 104.59|**Effective Date:** 10/30/17|**Page Number:** 13 of 17|
|**Authority:**
Commissioner|**Originating Division:**
Administration and Finance
Division (Human Resources)|**Access Listing:**
Level I: All Access|
a. Employees who refuse testing shall be immediately separated from
employment;
b. Applicants who refuse testing shall have any offer of employment
immediately withdrawn;
d. Employees or Applicants who refuse testing are not eligible for future
state employment for a period of two (2) years; and
d. DOAS/HRA shall be notified of an Employee or Applicant who has
refused or failed to appear for drug testing.
F. Positive Drug Testing and Results
Upon receiving a positive laboratory report, the Medical Review Officer
(MRO) will attempt to contact the Employee or Applicant at the phone
numbers listed on the drug testing form to privately discuss the results.
The MRO will determine if there is an alternative medical explanation for the
positive report.
**If an Employee or Applicant advises a supervisor, alcohol/drug testing**
**coordinator, or other authorized official that the MRO will report the**
**test results as positive, the CHRM Compliance Unit should be consulted**
**immediately.**
1. The MRO will report the test results as positive if the Employee or
Applicant:
a. Refuses to discuss the test results with the MRO;
b. Declines the opportunity to provide an explanation for the
results;
c. Admits to the use of an illegal drug(s); or
d. Is unable to provide an alternative medical explanation for the
presence of an illegal drug(s).
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|
|**Policy Number:** 104.59|**Effective Date:** 10/30/17|**Page Number:** 14 of 17|
|**Authority:**
Commissioner|**Originating Division:**
Administration and Finance
Division (Human Resources)|**Access Listing:**
Level I: All Access|
2. If the MRO is unable to contact the Employee or Applicant within two (2)
work days, the appropriate alcohol/drug testing coordinator will be
notified.
a. The alcohol/drug testing coordinator is to direct the Employee or
Applicant to immediately contact the MRO, and advise the Employee
or Applicant that the test result will be reported as positive if the
MRO is not contacted by the next work day.
b. If the alcohol/drug testing coordinator is unable to contact the
Employee or Applicant within two (2) work days, the Human
Resources Audits and Compliance Manager is to be notified. Human
Resources will advise the MRO, and the test result will be reported as
positive.
c. The MRO will notify the DOAS/HRA of positive test results. HRA
will forward positive drug test results to GDC Human Resources.
d. Employees who test positive for an illegal drug(s) will be
immediately separated from employment.
e. Applicants who test positive for an illegal drug(s) will have the
offer of employment immediately withdrawn.
f. Employees or Applicants who test positive for an illegal drug(s) are
not eligible for future state employment for a period of two (2)
years.
g. It is the policy of GDC to immediately separate current GDC
employees who are required to submit to pre-employment drug testing
for another job within state government and either refuse testing or
test positive for an illegal drug(s). Such employees will also not be
eligible for future state employment for a period of two (2) years.
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|
|**Policy Number:** 104.59|**Effective Date:** 10/30/17|**Page Number:** 15 of 17|
|**Authority:**
Commissioner|**Originating Division:**
Administration and Finance
Division (Human Resources)|**Access Listing:**
Level I: All Access|
G. Required Training and Material: When CDL employees are hired, hiring
officials or designees are to provide educational material to such employees
regarding the following:
1. Alcohol and illegal drugs,
2. Federal requirements for CDL employees, and
3. CDL alcohol and drug testing programs.
**Federal regulations require that CDL employees sign for receipt of this**
**material.**
H. Employment Inquiries
1. Inquiries from Previous Employers – When Employees or Applicants are
selected for positions that require a CDL, hiring officials or designees
must request and review specific information from previous employers
regarding the alcohol and/or drug testing of the selected Employees or
Applicants. Written authorization must be received from Employees or
Applicants prior to seeking this information.
Once written authorization is received, the following information must be
requested from all previous employers during the two years immediately
before the date of application for the GDC position:
a. Alcohol test results showing an alcohol concentration of 0.04 or
greater;
b. Verified positive drug test results;
c. Refusals to be tested (including adulterated and substituted
specimen);
d. Other violations of DOT alcohol and drug testing regulations; and
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|
|**Policy Number:** 104.59|**Effective Date:** 10/30/17|**Page Number:** 16 of 17|
|**Authority:**
Commissioner|**Originating Division:**
Administration and Finance
Division (Human Resources)|**Access Listing:**
Level I: All Access|
e. Documentation of successful completion of return-to-duty
requirements for individuals who violated any DOT alcohol or drug
testing regulation.
f. A copy of the selected Employee’s or Applicant’s written
authorization must be provided to the previous employers from which
information is being sought.
g. If possible, this information should be requested, received, and
reviewed prior to allowing Employees or Applicants to perform
safety-sensitive duties. A good faith effort must be made to obtain and
review this information no later than 30 calendar days from the first
time safety-sensitive duties are performed.
h. Requested information may be received in any written form (e.g., fax,
e-mail, letter, etc.) that ensures confidentiality. If requested
information is not received from a previous employer, a record
showing the efforts to obtain the information must be maintained.
2. Violations reported by previous employers – Selected Employees or
Applicants must not be permitted to perform safety-sensitive duties if
information received from previous employers indicates that they have
tested positive for alcohol or illegal drugs, or have refused testing until
information is received that shows they have:
a. Been evaluated by a SAP,
b. Completed any required counseling,
c. Passed a return-to-duty test, and
d. Been subject to follow-up testing.
3. Requests received by GDC - A request for CDL information on former
GDC employees may be received by GDC officials or designees. Written
authorization must be received from former employees prior to releasing
any information. Once written authorization is received, the following
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|**Policy Name:**Alcohol/Drug Testing Program - Safety Sensitive Positions|
|**Policy Number:** 104.59|**Effective Date:** 10/30/17|**Page Number:** 17 of 17|
|**Authority:**
Commissioner|**Originating Division:**
Administration and Finance
Division (Human Resources)|**Access Listing:**
Level I: All Access|
CDL information (and any similar CDL information received by GDC
from previous employers) must be given to the requesting organization:
a. Alcohol test results showing an alcohol concentration of 0.04 or
greater;
b. Verified positive drug test results;
c. Refusals to be tested (including adulterated and substituted
specimen);
d. Other violations of DOT alcohol and drug testing regulations; and,
e. Documentation of successful completion of return-to-duty
requirements (for individuals who violated any DOT alcohol or drug
testing regulation).
**V.** **Attachments:**
Attachment 1, Drug Test Awareness Statement/Notification (Pre-employment)
Attachment 2, Alcohol and/or Drug Test Notification (Random)
**VI.** **Record Retention of Forms Relevant to this Policy:**
Upon completion, both attachments shall be retained permanently in the central
office and local personnel files. If the Employee or Applicant is not hired, the
attachments shall be retained in the interview/selection file for two (2) calendar
years.