Type of Policy
Administrative
Policy No
5.6
Effective Date:
Last Revised:
Review Date:
Policy Owner
Human Resources
Contact Name
Charvette Webb
Contact Title
Talent Acquisition Manager
Contact Email
charvette.webb@ohr.gatech.edu
Reason for Policy

To establish policies and procedures for pre-employment drug testing as required by O.C.G.A 45-20-111.

Policy Statement

The Georgia Institute of Technology will conduct pre-employment screening examinations designed to prevent hiring individuals who use illegal drugs or individuals whose use of legal drugs indicate a potential for impaired or unsafe job performance.

Georgia Tech has vital interest in maintaining safe, healthful and efficient working conditions for its students and employees. Being under the influence of a drug or alcohol on the job may pose serious safety and health risks not only to the user, and to those who work with the user, but also to the public we serve. The possession, use or sale of an illegal drug or alcohol in the workplace may also pose unacceptable risks for a safe, healthful and efficient operation.

Designated job applicants at Georgia Tech will undergo screening for the presence of alcohol and/or illegal drugs as a condition for employment. Applicants will be required to submit to a urinalysis test at a laboratory chosen by Georgia Tech.

Georgia Tech will not discriminate against applicants for employment because of past abuse of drugs or alcohol. It is the current abuse of drugs or alcohol which prevents employees from properly performing their jobs that the Institute will not tolerate.

Policy Terms

Applicant
a candidate who may be offered employment regular and/or temporary with Georgia Tech or has commenced employment but has not submitted to an established test for illegal drugs.

Job
a defined set of key responsibilities and performance standards encompassing one or more positions sufficiently similar in responsibilities and performance standards to be grouped together.

Position
a set of duties and responsibilities assigned or delegated by competent authority for performance by one person.

Illegal Drug
means marijuana/cannabinoids (THC), cocaine, amphetamines/methamphetamines, opiates, or phencyclidine (PCP). The term

illegal drug
shall not include any drug when used pursuant to a valid prescription or when used as otherwise authorized by state or federal law.

Establish Test
the collection and testing of bodily fluids administered in a manner equivalent to that required by the mandatory (Guidelines for Federal Workplace Drug Testing Programs (HHS) regulations 53 Fed. Reg. 11979, et seq., as amended).

Medical Review Officer/
a properly licensed physician who reviews and interprets results of drug testing and evaluates those results together with medical history or any other relevant biomedical information to confirm positive and negative results.

Procedures

Positions to Be Tested
Positions to be tested

Testing
Fill out the Applicant's Disclosure and Consent Release of Information form.

An applicant who is offered employment in a position requiring a drug test shall, prior to commencing employment, submit to an established test for alcohol and/or illegal drugs.

Any applicant who declines an offer of employment for reasons not related to drug testing shall not be deemed to have refused drug testing.

Any applicant who expressly declines drug testing or engages in conduct that clearly obstructs the testing process shall be deemed to have refused drug testing.

Any applicant who fails to appear for drug testing after proper notification shall be deemed to have refused drug testing.

Any applicant who fails to provide adequate urine for testing without a valid medical reason shall be deemed to have refused testing.

Screening Results
Adulterated Sample: If the testing laboratory and the Medical Review Officer determine that the sample of an applicant has been adulterated, the applicant shall be deemed to have refused drug testing.

Rejected Sample: An applicant whose sample is rejected by the testing laboratory may, at the discretion of the Office of Human Resources, be directed to appear for retesting.

Unsuitable Sample: If the testing laboratory and the Medical Review Officer determine that the sample of an applicant is unsuitable for testing without legitimate medical explanation, the applicant may, at the discretion of the Office of Human Resources, be directed to appear for retesting. Such retesting shall be conducted as an observed sample.

Negative Results: An applicant whose results of drug testing do not indicate illegal drug usage may be considered as eligible for employment. Such negative results may be utilized by any other state employer for a period of thirty (30) calendar days after the date the test was administered.

Positive Results: An applicant whose results of drug testing indicate that the applicant has used an illegal drug(s) shall be disqualified from employment.

Non-Disclosure: The results of pre-employment drug testing shall remain confidential and shall not be a public record unless necessary for the administration of this rule or otherwise mandated by other state or federal law.

Laboratory Reports: The testing laboratory shall forward the results of all pre-employment drug tests to the Medical Review Officer who shall assure the security of such results.

Reporting Negative Results: The Medical Review Officer shall forward negative results of pre-employment drug tests to the Office of Human Resources as soon as practicable. The Office of Human Resources shall notify the appropriate personnel that the applicant is eligible for employment.

Reporting Positive Results: Laboratory reports indicating the presence of an illegal drug(s) shall be retained by the Medical Review Officer until a final determination is reached. Such information shall be confidential and shall only be available to the Medical Review Officer or designee and the affected applicant. Positive laboratory reports shall be reviewed and determinations of legal or illegal usage shall be made in accordance with procedures established by the Medical Review Officer.

Confirmatory Test
Any test which indicates the presence of illegal drugs shall be followed by a confirmatory test using gas chromatography/mass spectrometry analysis. If results of the confirmatory test indicate the presence of illegal drugs, such results shall be reviewed and interpreted by a Medical Review Officer (MRO) to determine if there is an alternative medical explanation. The testing facility will contact the individual directly if confirmatory test and medical review is necessary.If the applicant provides appropriate documentation and the Medical Review Officer determines that it is a legitimate usage of the substance, the results shall be reported as negative.

Applicant Contact Procedure

The Medical Review Officer shall, upon receipt of a positive laboratory report, attempt to contact the applicant at the daytime or home phone number indicated on the drug testing form. The Medical Review Officer shall attempt to determine if there is an alternative medical explanation for the positive report.

If the applicant expressly refuses to discuss with the Medical Review Officer the results of the pre-employment drug testing, declines the opportunity to provide an explanation of the results, or admits to the usage of an illegal drug(s), the Medical Review Officer, without further action or review, shall report to the Office of Human Resources that the results of the drug testing indicates that the employee has used an illegal drug(s). The Office of Human Resources shall report to the supervisor that the applicant is disqualified from employment.

If the Medical Review Officer is, within two (2) business days of the initial attempt, unable to directly contact the applicant, the Medical Review Officer shall contact the Employment or Tech Temp Supervisor in the Office of Human Resources, who shall attempt to contact the applicant and shall inform the applicant that the applicant must contact the Medical Review Officer by the end of the next business day, or the applicant shall be considered to have tested positive for the use of illegal drugs, and as specified, to have been disqualified from holding any position with the employer for a period of two (2) years from the date the test was administered.

If the Employment or Tech Temp Supervisor is unable to contact the applicant within two (2) business days of the initial attempt, the Supervisor shall so notify the Medical Review Officer. The Medical Review Officer shall then deem the applicant to have tested positive.

Reporting Determination of Illegal Drug Usage: If an applicant is unable or fails to provide an alternative medical explanation for the presence of an illegal drug(s), the Medical Review Officer, after appropriate review, shall notify the Employment or Tech Temp Supervisor that the applicant is disqualified from employment. The results of the test shall remain confidential and shall not be public record unless necessary for the administration of these provisions or otherwise mandated by other state or federal law.

Hiring Process

Advertising
Advertisements for positions (117) listed in this document will include the following statement: "The Georgia Institute of Technology is committed to a drug free workplace. This position will require a pre-employment drug test." This statement will be included in every outside advertisement, i.e. Atlanta Journal/Constitution and Atlanta Daily World, etc..

Georgia Tech Job Bulletin
Positions requiring a pre-employment drug test will be advertised in the Internal and External Job Bulletins under the Qualifications section as follows: "The Georgia Institute of Technology is committed to a drug free workplace. This position will require a pre-employment drug test."

Job Request Form
The Office of Human Resources will be responsible for annotating on the Job Request Form when the position requires a pre-employment drug test.

Recruiting, Prescreening and Interviewing
All applicants for listed (117) positions will be advised of Georgia Tech's commitment to a drug free workplace and that the position for which they are applying requires a pre-employment drug test.

Former Employees Rehired at Georgia Tech
If an employee worked in one of the 117 safety sensitive positions, listed in this policy and terminates, the negative test results applied only to that position. If that individual is rehired in the same or another safety sensitive position listed in this policy, the candidate must be retested prior to reporting on the first day of work. Departments must not allow the selected candidate to start working until notification of a negative test result is verified by the Office of Human Resources.

Drug Testing Process:

  1. After the department interviews and selects the number one candidate, the paperwork will be returned to OHR/Employment. OHR will refer the candidate to the drug testing facility.
  2. The drug testing facility, upon completing the test, will notify the Employment or Tech Temp Supervisor (or a designee) of the test results.
  3. If the test is positive, the department will be notified by OHR that the candidate is disqualified for employment. The candidate will be notified by OHR regarding the disqualification.
  4. If the test is negative, the OHR Supervisor (or designee) will notify the hiring department to make the job offer to the candidate. Disqualification from Employment An applicant who refuses to submit to or fails to appear for an established test for alcohol or illegal drugs or whose test results are positive, shall be disqualified from employment by the state. Such disqualification shall not be removed for a period of two years from the date that such test was administered or offered, whichever is later.

Disqualification from Employment
An applicant who refuses to submit to or fails to appear for an established test for alcohol or illegal drugs or whose test results are positive, shall be disqualified from employment by the state. Such disqualification shall not be removed for a period of two years from the date that such test was administered or offered, whichever is later.