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O.C.G.A. § 45-20-90 — Definitions | Georgia Code
O.C.G.A. § 45-20-90 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 20. Personnel Administration, 45-20-1 through 45-20-111.

ARTICLE 5 RANDOM DRUG TESTING OF EMPLOYEES IN HIGH-RISK JOBS

45-20-90. Definitions.

As used in this article, the term:

  1. "Employee" means any employee required to be certified under the provisions of Chapter 8 of Title 35 receiving a salary or hourly wage from any state agency, department, commission, bureau, board, or authority. "Employee" shall also include any certified employee working under a personnel contract to provide personnel services, including but not limited to medical, security, or transportation services to a state or other public agency.
  2. "Established drug test" means 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) or other professionally valid procedures approved by the board.
  3. "High-risk work" means those duties 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.
  4. "Illegal drug" means marijuana as defined in paragraph (16) of Code Section 16-13-21, as amended; a controlled substance as defined in paragraph (4) of Code Section 16-13-21, as amended; a dangerous drug as defined in Code Section 16-13-71, as amended; or any other controlled substance or dangerous drug that persons are prohibited from using. The term "illegal drug" shall not include any drug when used pursuant to a valid medical prescription or when used as otherwise authorized by state or federal law.

(Code 1981, §45-20-90, enacted by Ga. L. 1990, p. 2028, § 1; Ga. L. 2008, p. 546, § 17/SB 230; Ga. L. 2009, p. 453, § 2-19/HB 228; 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."

OPINIONS OF THE ATTORNEY GENERAL

Campus police officer and other security personnel of University System institutions vested with the power to make arrests under O.C.G.A. § 20-3-72 are subject to the mandatory training requirements of the Georgia Peace Officer Standards and Training Act (O.C.G.A. § 35-8-1 et seq.) and are consequently covered by the random drug testing provisions of O.C.G.A. § 45-20-90 et seq. 1990 Op. Att'y Gen. No. 90-11.

RESEARCH REFERENCES

ALR.

- Supreme Court's views on mandatory testing for drugs or alcohol, 145 A.L.R. Fed. 335.

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