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Drug Testing Laws in the State of Georgia

The Act provides that contractors (and their subcontractors) who receive state contracts in the amount of $25,000 or more must certify that they have implemented a substance abuse prevention program. At a minimum, the program must include a written policy and an employee drug-awareness program. The Act does not address drug testing. Ga. Code 50-24-1 et seq. (1993). Public Employees - Drug Testing The state's law provides that public employees in high-risk jobs may be subject to random drug testing. Refusal to submit to a random test or testing positive results in termination from employment.

WORKERS COMPENSATION

Workers' Compensation State law provides that an employee may be disqualified from receiving benefits if his or her injury or death is due to intoxication or the use of controlled substances. An alcohol test taken within three hours of the accident with the result of a 0.08 blood alcohol level or greater, or a positive drug test conducted within eight hours of of an accident, creates a rebuttable presumption that the injury was caused by the use of alcohol or drugs, respectively. A refusal to submit to a test also creates a rebuttable presumption of impairment. Ga. Code Ann. 34-9-17 (1995). Workers' Compensation Premium Reduction Act Georgia has enacted a voluntary law that provides a 7.5 percent discount on workers' compensation premiums to employers who have implemented a drug-free workplace program which is certified by the state Board of Workers' Compensation. A certified program must include the following: (1) a written policy statement; (2) substance abuse testing; (3) resources of employee assistance providers; (4) one hour of employee education; and (5) two hours of supervisory training annually. Annual certification is required. Length of premium discount is not to exceed 8 years.


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