Drug testing - Georgia

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.

Unemployment insurance
Workers will be disqualified for violating an employer’s drug-free workplace policy.

Workers’ compensation
Georgia workers’ compensation law provides that an employee may be disqualified from receiving benefits if 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 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.

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. The law also provides that applicants for certain state positions can be required to take a drug test before beginning employment or within 10 days after beginning employment. These tests must follow the requirements outlined in state law.

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. At a minimum, the program must include a written policy and an employee drug-awareness program. The Act does not address drug testing.