Title 34, Chapter 9, Section 411
As used in this article, the term:
(1) "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or
spirits of wine, from whatever source or by whatever process
(2) "Chain of custody" means the methodology of tracking specified
materials, specimens, or substances for the purpose of maintaining
control and accountability from initial collection to final
disposition for all such materials, specimens, or substances and
providing for accountability at each stage in handling, testing,
and storing materials, specimens, or substances and reporting test
(3) "Confirmation test," "confirmed test," or "confirmed substance
abuse test" means a second analytical procedure used to identify
the presence of a specific drug or metabolite in a specimen. The
confirmation test must be different in scientific principle from
that of the initial test procedure. This confirmation method must
be capable of providing requisite specificity, sensitivity, and
(4) "Drug" means amphetamines, cannabinoids, cocaine,
phencyclidine (PCP), methadone, methaqualene, opiates,
barbiturates, benzodiazepines, propoxyphene, or a metabolite of
any such substances. An employer may test an individual for any
or all of these.
(5) "Employee" means any person who works for salary, wages, or
other remuneration for an employer.
(6)(A) "Employee Assistance Program" means a worksite focused
program designed to assist:
(i) Employer work organizations in addressing employee
productivity issues; and
(ii) Employee clients in the identification and resolution of
job performance problems associated with employees impaired by
personal concerns, including, but not limited to, health,
marital, family, financial, alcohol, drug, legal, emotional,
stress, or other personal issues that may affect job
(B) A minimum level of core services must include consultation
and training and assistance to work organization leadership in
policy development, organizational development, and critical
incident management; professional, confidential, appropriate,
and timely problem assessment services; constructive
intervention and short-term problem resolution; referrals for
appropriate diagnosis, treatment, and assistance; follow-up,
monitoring, and case management with providers and insurers;
employee education and supervisory training; and quality
(C) An optimum level of core services must include, in addition to the minimum level core services, the designation of an individual who shall be responsible to administer the employer's Employee Assistance Program and to certify that the employer work organization's drug-free workplace program contains all elements of the drug-free workplace program required by Code Section 34-9-413 and that such program satisfies the annual certification requirements of Code Section 34-9-421; provided, however, that such individual shall have training and experience with Employee Assistance Programs in accordance with rules and regulations prescribed by the State Board of Workers' Compensation.
(7) "Employer" means a person or entity that is subject to the
provisions of this chapter but shall not include the state or any
department, agency, or instrumentality of the state; any county;
any county or independent school system; any municipal
corporation; or any employer which is self-insured for the
purposes of this chapter.
(7.1) "Employer member of a group self-insurance fund" means any employer who is a member of a fund certified pursuant to Code Section 34-9-153.
(8) "Initial test" means a sensitive, rapid, and reliable
procedure to identify negative and presumptive positive specimens.
All initial tests shall use an immunoassay procedure or an
equivalent procedure or shall use a more accurate scientifically
accepted method approved by the National Institute on Drug Abuse
as such more accurate technology becomes available in a
(9) "Job applicant" means a person who has applied for a position
with an employer and has been offered employment conditioned upon
successfully passing a substance abuse test and may have begun
work pending the results of the substance abuse test.
(10) "Nonprescription medication" means a drug or medication
authorized pursuant to federal or state law for general
distribution and use without a prescription in the treatment of
human disease, ailments, or injuries.
(11) "Prescription medication" means a drug or medication lawfully
prescribed by a physician for an individual and taken in
accordance with such prescription.
(12) "Reasonable suspicion testing" means substance abuse testing
based on a belief that an employee is using or has used drugs or
alcohol in violation of the employer's policy drawn from specific
objective and articulable facts and reasonable inferences drawn
from those facts in light of experience. Among other things, such
facts and inferences may be based upon, but not limited to, the
(A) Observable phenomena while at work such as direct
observation of substance abuse or of the physical symptoms or
manifestations of being impaired due to substance abuse;
(B) Abnormal conduct or erratic behavior while at work or a
significant deterioration in work performance;
(C) A report of substance abuse provided by a reliable and
(D) Evidence that an individual has tampered with any substance
abuse test during his or her employment with the current
(E) Information that an employee has caused or contributed to an
accident while at work; or
(F) Evidence that an employee has used, possessed, sold,
solicited, or transferred drugs while working or while on the
employer's premises or while operating the employer's vehicle,
machinery, or equipment.
(13) "Rehabilitation program" means an established program capable
of providing expert identification, assessment, and resolution of
employee drug or alcohol abuse in a confidential and timely
service. This service shall in all cases be provided by persons
licensed or appropriately certified as health professionals to
provide drug or alcohol rehabilitative services.
(13.1) "Self-insured employer" means any employer certified pursuant to Code Section 34-9-127.
(14) "Specimen" means tissue, blood, breath, urine, or other
product of the human body capable of revealing the presence of
drugs or their metabolites or of alcohol.
(15) "Substance" means drugs or alcohol.
(16) "Substance abuse test" or "test" means any chemical,
biological, or physical instrumental analysis administered for the
purpose of determining the presence or absence of a drug or its
metabolites or of alcohol.
(17) "Threshold detection level" means the level at which the
presence of a drug or alcohol can be reasonably expected to be
detected by an initial and confirmatory test performed by a
laboratory meeting the standards specified in this article. The
threshold detection level indicates the level at which a valid
conclusion can be drawn that the drug or alcohol is present in the