Georgia Drug Testing and Workers’ Comp Laws

Georgia Workers' Compensation Laws and Regulations of this State
Georgia Workers’ Compensation Laws and Regulations
Official Georgia Website

GEORGIA State Law Summary – Workplace Drug/Alcohol Testing

[Editor Note:  The information contained below was last updated in 2011 and is currently outdated.  New laws are passed and changed frequently.  This information is provided for general educational purposes only, IT IS NOT INTENDED TO PROVIDE LEGAL OR OTHER PROFESSIONAL ADVISE.   Always consult your legal or medical professionals before making any decisions. For the most up to date drug laws including Marijuana @ Work, visit the Drug & Alcohol Compliance Center]

GENERAL COMMENTS:
Georgia is an “open” state, meaning there are no requirements or limitations on workplace drug testing unless an employer chooses to obtain certain state opportunities. The following assumes the employer does not wish to participate in available state opportunities. 

POLICY: 
NO law requires a written policy; however, for workers compensation/unemployment purposes employers SHOULD have written policy. 

NOTICE: 
NO notice or posting requirements in this state. 

COSTS:
Not specified. 

CONSEQUENCES:
 NO limits exist under state law or court decision. 

WHO: 
NO limits exist under state law or court decision. 

WHAT:
NO limits exist under state law or court decision.

WHERE: 
NO limits exist under state law or court decision. 

WHEN: 
NO limits exist under state law or court decision. 

HOW: 
NO limits exist under state law or court decision.

OTHER STATE PECULIARITIES:

Workers Comp: Rebuttable Presumption:
If the amount of alcohol in the employee’s blood within three hours of the time of the alleged accident, as shown by chemical analysis of the employee’s blood, urine, breath, or other bodily substance, is 0.08 grams or greater, there shall be a rebuttable presumption that the accident and injury or death were caused by the consumption of alcohol; 

If any amount of marijuana or a controlled substance as defined in [the law] is in the employee’s blood within eight hours of the time of the alleged accident, as shown by chemical analysis of the employee’s blood, urine, breath, or other bodily substance, there shall be a rebuttable presumption that the accident and injury or death were caused by the ingestion of marijuana or the controlled substance; 

Or 

If the employee unjustifiably refuses to submit to a reliable, scientific test to be performed in the manner set forth in [the law] to determine the presence of alcohol, marijuana, or a controlled substance in an employee’s blood, urine, breath, or other bodily substance, then there shall be a rebuttable presumption that the accident and injury or death were caused by the consumption of alcohol or the ingestion of marijuana or a controlled substance. 

Unemployment:  “* * * An individual shall not be disqualified for benefits under subparagraph (A) of this paragraph if, based on the rules and regulations promulgated by the Commissioner, the Commissioner determines:

* * *  

(C) For the week or fraction thereof in which such individual has filed an otherwise valid claim for benefits after the individual has been discharged or suspended for violation of the employer’s drug-free workplace policy as determined by the Commissioner according to the circumstances in the case.”

[Editor Note:  The information contained below was last updated in 2011 and is currently outdated.  New laws are passed and changed frequently.  This information is provided for general educational purposes only, IT IS NOT INTENDED TO PROVIDE LEGAL OR OTHER PROFESSIONAL ADVISE.   Always consult your legal or medical professionals before making any decisions. For the most up to date drug laws including Marijuana @ Work, visit the Drug & Alcohol Compliance Center]

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