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What Procedure Do I Need To Follow To Drug Test An Employee?

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Question: We have an employee who is working on a 90-day trial basis. I have a suspicion he might be on drugs. What procedure do I have to follow to have him tested? Do I have to test all employees?

Answer: Georgia, where this employer is located, has regulations regarding drug testing in connection with workers compensation: to get a discount on comp premiums, an employer testing program has to meet certain criteria. For testing outside the context of workers comp, no particular rules apply. It is permissible to send the employee for testing, and of course you should utilize a properly licensed lab (your workers comp insurer can help you locate an appropriate facility). It is not necessary to test all employees. Note: drug testing rules vary from state to state, and some employers who will read this may be covered by federal drug testing law as well.

This response is intended for general informational purposes only and should not be construed as legal advice or a legal opinion, nor is this column a substitute for formal legal assistance. For help with particular legal needs, members are invited to consult with ACCA’s LegalTools Counsel, Brooke Duncan III of Adams and Reese LLP. Mr. Duncan can be reached at 504-585-0220 or by email at

Brooke Duncan

Posted In: Legal

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