Georgia Alcohol and Drugs laws & HR compliance analysis

Georgia Alcohol and Drugs: What you need to know

Georgia does not have a mandatory drug testing law. However, private employers may qualify for a workers' compensation insurance premium discount by implementing and maintaining a certified drug-free workplace program that complies with specific criteria outlined in the Workers' Compensation Premium Reduction Act, and self-insured employers that implement a drug-free workplace program substantially in compliance with the Act may also qualify (GA Code Sec. 34-9-410 et seq., Sec. 33-9-40.2). A drug-free workplace program must contain a written policy statement, substance abuse testing, maintenance of Employee Assistance Program resources, employee education, supervisor training, and confidentiality. Requirements also include:
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Applicants. In order to comply with the Act (and receive the insurance premium discount), employers are required to conduct applicant substance abuse tests after extending an offer of employment, provided that they are post-offer and required of all applicants as a condition of employment. Limited testing of job applicants is permitted as long as testing is conducted on the basis of reasonable classification of job positions (GA Code Sec. 34-9-415).
Employees. In order to qualify for workers' compensation insurance premium discounts, an employer is required to conduct for-cause drug tests on employees, based on reasonable suspicion, as part of a routinely scheduled fitness-for-duty medical exam that is part of the employer's established policy or that is scheduled routinely for all members of an employment classification group. Testing is also required for return to work after an on-the-job injury that the employee caused or contributed to, and that resulted in a loss of ...

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