Drug testing by employers in Georgia is governed by these state rules.
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.
Provided the proper procedures are followed, employers implementing a drug-free workplace program qualify for certification for a discount under their workers' compensation insurance policy.
An employer may conduct the following types of tests under Georgia's drug-free workplace program law 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 after a workplace injury or accident
- follow-up-tests for those participating in employee assistance programs
Under Georgia's drug-free workplace programs law, a private employer is not prohibited from conducting random testing or other lawful testing of employees.
Employers may also provide for routine fitness-for-duty medical exams, including drug testing.
Drug Testing Requirements
A drug-free workplace program must contain the following elements:
- a written policy statement
- substance abuse testing
- resources of employee assistance providers
- employee education
- supervisor training
Additionally, a drug-free workplace program must be implemented in compliance with the confidentiality standards provided in the law.
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.