---
title: O.C.G.A. § 45-20-90. Definitions.
collection: code
id: 45-20-90
cite_as: O.C.G.A. § 45-20-90 (2025)
canonical_url: https://georgiacommons.org/code/45-20-90
md_url: https://georgiacommons.org/code/45-20-90.md
text_url: https://georgiacommons.org/code/45-20-90/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t45-(v33)-2016-pdf.pdf?sfvrsn=cde47f8a_0#page=631
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
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version: the only printed version
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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PUBLIC OFFICERS AND EMPLOYEES / PERSONNEL ADMINISTRATION / RANDOM DRUG TESTING OF EMPLOYEES IN HIGH-RISK JOBS
---

# O.C.G.A. § 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.

## History

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.’’