O.C.G.A.

O.C.G.A. § 34-9-410 (2019)

Legislative intent

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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It is the intent of the General Assembly to promote drug-free workplaces in order that employers in this state be afforded the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace, and reach their desired levels of success without experiencing the costs, delays, and tragedies associated with work related accidents resulting from substance abuse by employees.

History

(Code 1981, § 34-9-410, enacted by Ga. L. 1993, p. 1512, § 2.)

Notes of Decisions

Cited in 4 cases, 1997–2004 · leading case: Oksana Oleszko v. State Comp. Ins. Fund, David Howard, & Dora Cooke, 243 F.3d 1154 (9th Cir. 2001).

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Oksana Oleszko v. State Comp. Ins. Fund, David Howard, & Dora Cooke, 243 F.3d 1154 (9th Cir. 2001). “0455 (West 2001); Ga.Code Ann. § 34-9-410 (2000); Idaho Code § 72-1701 (2000); 30 Ill.”

Dowis v. Mud Slinger Concrete, Inc., 605 S.E.2d 615 (Ga. Ct. App. 2004). · cites it 2× “OCGA §§ 34-9-410; 45-23-2. They argue that drug use by co-workers prior to and at the time of the occurrence contributed to an unsafe work environment and by allowing this suit under Missouri Workers’ Compensation law, such Georgia public policy for a drug-free workplace would…”

Risner v. Bulk Equip. Mfg., Inc., 494 S.E.2d 304 (Ga. Ct. App. 1997). · cites it 2× “The law does not allow for denial of workers’ compensation benefits due to drug use unless the work-related injury or death is due to “being under the influence of marijuana or a controlled substance.”

Thomas v. Diamond Rug & Carpet Mills, 486 S.E.2d 664 (Ga. Ct. App. 1997). · cites it 2× “” OCGA § 34-9-410 et seq. If an employer implements such a program substantially in accordance with OCGA § 34-9-413, the employer shall qualify for certification for a five percent premium discount under its workers’ compensation insurance policy.”

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