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Georgia Drug Testing Compliance

Capital Atlanta Population 10,214,860
Largest city Atlanta
Area 59,411 sq mi
Criminal rate 40 crimes /10,000 people Time Zone UTC−5/−4

Georgia Employee Background Check Laws

Georgia

Legal status for workplace drug screening and alcohol testing

Our intent is to make Georgia drug screening compliance as simple as possible you don’t have to be a constitutional law scholar to conduct workplace drug testing in Georgia.

Georgia is a “Open” state, which means there are no state statutes, regulations, or known court decisions that would limit your choices for implementing a drug or alcohol testing program. Testing is your choice. However, there may be federal rules to consider that may restrict your program in other ways.

This overview is to introduce you to the nature and history of the state’s workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when drug testing in Georgia.

Drug Testing Overview Marijuana Court Decisions

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: No specific requirements of employer drug screening policy for Georgia.
Q2: Please choose a reason for drug and alcohol testing:
No
No
No (but must have facts)
Yes - Review OSHA new ruling
No
No
No
Q3: Are there any state requirements for test methods?
A: Safety-sensitive only.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: Amphetamine, marijuana, cocaine, PCP, methadone, methaqualone, opiates, barbiturates, benzodiazepines, and propoxyphene
Q5: Are there any state requirements or limitations for specific notice of result?
A: No
Q6: Is it required to use a Certified Laboratory?
A: When using a lab, SAMHSA- and CAP-certified labs only.
Q7: What types of specimens can we test for?
A: Blood, Breath, Hair, and Urine
Q8: Are there restrictions for Alcohol Testing?
A: By blood, urine, breath of other bodily substance; 0.08 is considered positive.

Did you know?

Q1. Can I do a random testing for my employees in Georgia?

Correct!.

There are currently no limitations in the State of Georgia for any reasons of drug testing.

 Answer is “Yes”

Georgia Drug & Alcohol Testing Laws

This state has no known statutes restricting workplace drug or alcohol testing. But, see the discussion below regarding applicable federal rules that could limit some aspects of your program. No known regulation limits workplace drug or alcohol testing. Because no known state statute, regulation, or court decision exists in this state, you may be free, within the limits of applicable federal rules, to draft any policy you wish and to implement whatever testing program makes business sense to you. It is advisable to conduct testing according to the accepted standards of practice in the drug testing industry.

House Bill 885 failed to pass in March 2014; the Governor announced an agreement with GW Pharmaceuticals and Georgia Regents University to study the use of the substance to alleviate debilitating seizure disorders for children.

On March 15, 2015, the Georgia legislature authorized the use of cannabidiol (CBD) under strict guidelines.

ABBREVIATIONS
  • American Association for Clinical Chemistry (AACC)
  • Blood Alcohol concentration (BAC)
  • Breath Alcohol Test (BAT)
  • Clinical Laboratory Improvement Amendments (CLIA)
  • College of American Pathologists (CAP)
  • Department of Transportation (DOT)
  • Employee Assistance Program (EAP)
  • Food and Drug Administration (FDA)
  • Forensic Urine Drug Testing (FUDT)
  • Medical Review officer (MRO)
  • National Highway Traffic Safety Administration (NHTSA) National Institute on Drug Abuse (NIDA)
  • Substance Abuse and Mental Health Administration (SAMHSA)

Update: November 2017

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Georgia Marijuana Employer Guidelines

“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.

Georgia personal and medical use of marijuana.

Medical Use: House Bill 885 failed to pass in March 2014; the Governor announced an agreement with GW Pharmaceuticals and Georgia Regents University to study the use of the substance to alleviate debilitating seizure disorders for children. On March 15, 2015, the Georgia legislature authorized the use of cannabidiol (CBD) under strict guidelinesUnder the employer restrictions it is indicated that the law will have no impact on the workplace.

Personal Use: There is no know effort to pass a personal use law in Georgia.

For more information regarding marijuana at work refer to Info Cubic’s Drug Screening compliance corner.

Update: November 2017

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

No known court cases

No known issues.

N/A

None at this time.

Update: November 2017

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