No state or federal laws require employers to test all employees for drug use. Drug testing is also prohibited for most employees under the Family Medical Leave Act (FMLA). However, some states have laws permitting drug testing for certain occupations or under other circumstances.
In 2018, Georgia passed a law that made drug testing mandatory for all new hires. The results were staggering.
Georgia has become one of the states where employers are required to perform random drug tests. In addition to testing for marijuana, amphetamines, cocaine, heroin, and other drugs, the state now also requires pre-employment drug tests for all new employees.
The state aims to protect its citizens from drugs and drugs. However, some employers have taken issue with the policy. Some say they shouldn’t have to pay for the drug test, while others say the testing process is too invasive.
Let’s look at what the law says and the consequences if you’re caught using illegal drugs.
Drug testing laws vary widely from state to state. Some states prohibit workplace drug testing, while others require employers to conduct random drug tests. And still, others do both. Georgia requires random drug testing for workers, but only if the employer has “reasonable suspicion” that the employee may be using drugs. The following article will help you understand what this means for Georgia’s employees, employers, and drug testing law.
What Are Drug Testing Laws?
Drug testing laws vary by state. In Georgia, for example, all new hires must pass a drug test before starting work. Employers can conduct drug tests randomly, so keeping up with the latest trends is essential.
When the law was first passed, there was a lot of discussion about the ethics of such a rule. The argument goes that if a person is willing to get a job, they should also be able to use recreational drugs.
In response, legislators argued that drug testing is essential to keeping our society safe. They believe most drug users don’t abuse drugs; they enjoy them. This means they would likely be less inclined to steal or do something dangerous if they knew they couldn’t purchase illegal substances.
While it is debatable whether drug testing is effective, the statistics show that many states are decreasing drug usage. And while a few states are seeing an increase, they are nowhere near the number of states that have declined.
What is drug testing in Georgia?
Drug testing is a common practice in the United States. Some states require a drug test, while others do not.
Georgia is a common state that does not require drug testing. Employers can still do random drug tests, but a judge must approve them.
Georgia’s law went into effect on October 1, 2018. Employers must test all new employees, and the tests must be random.
Employers are prohibited from refusing to hire employees if they have a positive drug test.
Can I be fired if I fail a drug test?
Before diving into the answer, let’s talk about a drug test. A drug test is a test to check for certain illegal substances in your body.
The most common drug tests are urine tests. They’re cheap, fast, and reliable. They can detect the presence of marijuana, cocaine, amphetamines, opiates, and other drugs.
While urine tests are easy to administer and inexpensive, they’re not foolproof. Many factors can affect the accuracy of a urine test, including your diet, your menstrual cycle, and whether you drank alcohol or smoked marijuana the day before.
If you have a blood test, it will detect THC, the active ingredient in marijuana. But, as we’ve mentioned, a blood test will not detect cocaine, amphetamines, opiates, and other drugs.
How long will it take for a drug test result to come back?
The new law doesn’t go into effect until August 1. However, it is essential to note that employers must perform random drug tests for all new employees, not just new hires.
I’m sure many of you wonder how long a typical pre-employment drug test will take. Well, the answer is about a week.
To provide the best possible service, I recommend using an automated test kit to deliver the results within a few days. This will give you peace of mind about knowing what your potential employer is looking for.
As a bonus, you can use this time to prepare for the drug test.
Frequently Asked Questions About Drug Testing Laws
Q: Is it legal to use recreational drugs in Georgia?
A: Recreational drug usage in Georgia is illegal. The laws are stringent.
Q: Are you required to take a drug test if you work in Georgia?
A: You must submit to a drug test every time you apply for a job or have contact with a child. You may also be subject to testing on a random basis.
Q: If you’re asked to take a drug test, how can you prepare yourself?
A: You should read the instructions carefully. If you are prescribed a controlled substance, follow all the instructions. Know the medication’s name and dosage you are supposed to take. Tell them what medication you currently take if you are not given a prescription.
Top Myths about Drug Testing Laws
1. The drug testing laws are unconstitutional.
2. Employers are allowed to randomly drug test their employees.
3. Employers are allowed to have a zero-tolerance policy.
4. Employers can’t fire you for a positive drug test.
5. Employers don’t need probable cause to take you to drug testing.
Conclusion
I would suggest looking into the laws in your state to see if you have a right to refuse a drug test.
In some states, you can be fired for failing a drug test, so you’d want to be sure that you aren’t being tested for the reason that could cost you your job.
