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Employers do not have a legal duty to request an employee or applicant to undergo drug testing under the provisions of Georgia's drug-free workplace program law. However, if an employer requires or requests an employee or applicant to undergo testing, compliance with all of the applicable rules adopted by the State Board of Workers' Compensation is required.

Insurance discount.--Provided the procedures mentioned here are followed, employers implementing a drug-free workplace program qualify for certification for a five-percent premium discount under their workers' compensation insurance policy

A drug-free workplace program must contain the following elements:

1. a written policy statement
2. substance abuse testing
3. resources of employee assistance providers
4. employee education
5. supervisor training

Additionally, a drug-free workplace program must be implemented in compliance with the confidentiality standards provided in the law.

Random testing.--Under Georgia's drug-free workplace programs law, a private employer is not prohibited from conducting random testing or other lawful testing of employees.

Authorized testing.--Under Georgia's drug-free workplace program law, an employer may conduct the following types of tests in order to qualify for workers' compensation insurance premium discounts: testing of all job applicants, or all applicants for certain classes of jobs; reasonable suspicion drug tests; tests after a workplace injury or accident; and follow-up-tests for those participating in employee assistance programs. It may also provide for routine fitness-for-duty medical exams, including drug testing.

Employee assistance programs.--If an employer has an employee assistance program, the employer must inform the employee of the benefits and services of the program. In addition, the employer must provide the employee with notice of the policies and procedures regarding access to and utilization of the program.

If an employer does not have an employee assistance program, the employer must maintain a resource file of providers of other employee assistance, including drug and alcohol abuse programs, mental health providers, and other persons, entities, or organizations available to assist employees with personal or behavioral problems, and must notify the employee of the availability of this resource file. In addition, the employer must post in a conspicuous place a listing of providers of employee assistance in the area.

§50-24-1 (1993)
Contractors who receive state contracts in the amount of $25,000 or more must certify they have implemented a substance abuse prevention program.

§45-20-90
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.

§33-9-40.2 & §34-9-410
Voluntary law that provides a 7.5 percent discount on workers' compensation premiums to employers who have implemented a drug-free workplace program that is certified by the state Board of Workers' Compensation.

§ 34-9-17 (1993)
Provides 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.

Act No. 378 (2005)
Removes the existing eight-year limiation on the application of the insurance premium discount for the insured with the drug-free workplace program.