By Jessica Polk, Senior Director of Marketing Services at Current Consulting Group (CCG)
This information is only provided for educational purposes. The reader keeps full responsibility for the use of the information contained herein.
From the Blue Ridge Mountains to the Atlantic coast, Georgia is a state that not only consists of a variety of landscape, but also from a variety of needs in the workplace. So it is no surprise that your drug -testing laws enable these needs in the workplace. Employers who want to benefit from legal protection with drug tests, especially if it is about the compensation of the employees and the rejection of the unemployment allowance, can choose to participate in the voluntary drug test program in Georgia.
In the following you will find the five important things you need to know when you consider drug tests in Georgia.
- Drug right type: Voluntarily. Georgia has a voluntary drug test law. Companies that want to qualify for a 7.5% discount on the remuneration premiums of their employees must comply with this law. Other companies are not commissioned to meet.
- Random tests: Although an employer is not obliged to test an employee or applicant, Georgia does not prohibit legal tests, including random tests.
- Rejection of the employee/unemployment benefit: In Georgia there are employee and unemployment laws that contain their own drug tests. Employers do not have to comply with unless they want to refuse employee or unemployment benefits.
- Marijuana laws: According to the GA code § 16-12-190¹, medical marijuana is permitted. However, nothing in the law requires that employers accommodate the use of marijuana at work. The law even enables employers to prohibit the non-serving and non-service marijuana use.
- How to test: It is necessary that employers who participate in the voluntary state program are followed by the test standards and procedures specified in GA code § 34-9-415 (2018) ². This includes an appropriate suspicion before employment, after the accident, the period examination, the return to the service, the random and follow -up examination and other forms of examination that are permitted. Employers who want to test but do not want the discount of the employee's employee's premium of the employee follow the same procedures.
The current advisory group provides extensive information on laws in every state that affects drug and alcohol tests at the workplace on Currentcompliance.org. Find out how to subscribe to here.
End notes:
¹ 2018 Georgia Code Title 16 – Crimes and Criminal Capital 12 – Criminal offenses against public health and morality Article 8 – Regulation of low THC Oil § 16-12-190. Definition. Justia US law. https://law.justia.com/codes/georgia/2018/title-16/chapter-12/article-8/section-16-12-190/. Accessed on January 18, 2023.
² 2018 Georgia Code Title 34 Working and Industrial Education Chapter 9 Workers' Compensation Article 11-Drug-Free Workplace Programs § 34-9-415. Test; Types of tests; random tests; Procedure for the recording and checking of the samples; Laboratory qualifications, procedures and reports; Confirmation tests, Justia US law. https://law.justia.com/codes/georgia/2018/title-34/chapter-9/article-11/section-34-9-415/. Accessed on January 18, 2023.
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