Drug-free workplace - Georgia

Summary of differences between federal and state regulations

The federal Drug-Free Workplace Act, which applies only to federal contractors and grantees, requires adoption of Drug-Free Workplace rules to do business with the government. It neither requires nor prohibits drug testing. States are free to adopt whatever regulations they deem appropriate for public or private employers. Where states have drug testing provisions as part of their Drug Free Workplace Acts, drug testing information is included in this section. Where states have separate drug testing provisions that are not part of a Drug Free Workplace Act, these are covered under the section on “Drug Testing.”

Workers' Compensation Premium Reduction Act

The Georgia Workers' Compensation Premium Reduction Act is a voluntary law that provides a 7.5 percent discount on workers' compensation premiums to employers who have implemented a certified drug-free workplace program. The 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.

To qualify for the discount, employers must conduct pre-employment, reasonable suspicion, fitness for duty, follow-up, and post accident testing. Random testing is permitted but not required under this Act. Annual certification is required. Length of premium discount is not to exceed 8 years.

Georgia Drug-Free Workplace Act

The Georgia Drug-Free Workplace 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. (Federal law applies to contracts of $100,000 or more.) At a minimum, the program must include a written policy and an employee drug-awareness program, similar to federal law. Also like the federal law, the Act does not address drug testing.

State

Contacts

Georgia Department of Labor

Workers’ Compensation

State Board of Workers’ Compensation

Regulations

Workers' Compensation Premium Reduction Act

Georgia Code §33-9-40.2

Georgia Code §§34-9-410 to 421

Georgia Drug-Free Workplace Act

Georgia Code §50-24-1 et seq.

Federal

Contacts

Drug-Free Workplace Act

U.S. Department of Labor

Drug Testing Rules

U.S. Department of Transportation

Regulations

Drug-Free Workplace Act Of 1988

United States Code at 41 U.S.C. 8101-8106

DOT Drug Testing Rules

49 CFR Part 40

49 CFR Part 382