Title 45, Chapter 20, Section 90
( 45-20-90)
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 and shall include all such certified employees
whether or not such certified employees are covered by the rules
and regulations of the State Personnel Board. "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
commissioner of human resources. (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. |