Determination of employees subject to testing

(a) Employees working in high-risk jobs shall be subject to random testing for evidence of use of illegal drugs. (b) The head of each state agency, department, commission, board, bureau, or authority, in conjunction with the DOAS, shall determine those positions and groups of positions whose occupants regularly perform high-risk work where inattention to duty or errors in judgment while on duty will have the potential for significant risk of harm to the employee, other employees, or the general public. This Code section shall not be construed to include employees who do not regularly 632 45-20-92 perform high-risk work regardless of the fact that other employees in the same classification do perform such high-risk work. (Code 1981, § 45-20-91, enacted by Ga. L. 1990, p. 2028, § 1; Ga. L. 2008, p. 546, § 18/SB 230; Ga. L. 2012, p. 446, § 1-1/HB 642.) Editor’s notes. — Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: ‘‘Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act.’’ This Act became effective July 1, 2012. Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: ‘‘Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90.’’ 45-20-92. Rules adopted by State Personnel Board; certification of testing laboratories. (a) The State Personnel Board shall adopt rules to establish: (1) The portion of employees in the high-risk work group that may be selected at random for testing at each testing period; (2) Methods for assuring that employees are selected for testing on a random basis; (3) Methods for assuring that privacy intrusions are minimized during collection of body fluid specimens; (4) Methods for assuring that any body fluid specimens are stored and transported to testing laboratories at proper temperatures and under such conditions that the quality of the specimens shall not be jeopardized; (5) Methods for assuring that the identity of employees whose tests show the usage of an illegal drug is limited to the staff who are entitled to this information; and (6) The identification of those persons entitled to the information and shall adopt such other rules as it may deem appropriate to carry out the purposes of this article. The board may, in its discretion, delegate to the commissioner such authority as appropriate to carry out the purposes of this article. (b) The commissioner shall establish and maintain a list of those laboratories qualified to conduct established drug tests and shall determine which illegal drugs will be the subject of testing; provided, however, that no laboratory shall be so certified unless that laboratory, on a daily basis, adds to its urine testing program a minimum of 10 percent blind test specimens. (Code 1981, § 45-20-92, enacted by Ga. L. 1990, p. 2028, § 1; Ga. L. 2008, p. 546, § 19/SB 230; Ga. L. 2012, p. 446, § 1-1/HB 642.) 633 45-20-92 PUBLIC OFFICERS & EMPLOYEES Editor’s notes. — Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: ‘‘Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective T.45, C.20, A.6 date of this Act.’’ This Act became effective July 1, 2012. Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: ‘‘Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90.’’ 45-20-93. Grounds for termination from employment.