Workplace Drug Testing Laws for Georgia

The State of Georgia has statutes that regulate workplace drug and alcohol testing.

Employers in the private sector are not required to follow these regulations but are encouraged to do so in order to receive Workers’ Compensation premium discounts. The intent of the state is to maximize the levels of productivity, enhance competitive positions in the marketplace, and reach desired levels of success without experiencing the costs, delays, and tragedies associated with work-related accidents resulting from employee substance abuse.

The Drug-Free Workplace Program is regulated by the board of Workers’ Compensation and is responsible for issuing certifications that conform to the statute.

The Program created a detailed overview of what is required in an employer’s Drug-Free Workplace policy and is required to meet all the regulations to receive premium discounts. Employers should also review Unemployment and Workers’ Compensation Denial statutes for additional regulations that could be implemented into their Drug-Free Workplace Policy.

The Drug-Free Workplace Program statute guards employee privacy rights to ensure that employers collect specimens in a non-intrusive manner.

The statute also prevents employees from bringing a claim against an employer if the employer chooses not to implement a substance abuse program. It also expresses the importance of confidentiality and makes clear that when an employer implements a drug testing policy there is no physician and the patient relationship created when the employee undergoes a drug or alcohol test.