O.C.G.A.

O.C.G.A. § 34-9-413 (2019)

Elements of program; applicable confidentiality standards

✓ 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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(a) A drug-free workplace program must contain the following elements: (1) Written policy statement as provided in Code Section 34-9-414; (2) Substance abuse testing as provided in Code Section 34-9-415; (3) Resources of employee assistance providers maintained in accordance with Code Section 34-9-416; (4) Employee education as provided in Code Section 34-9-417; and (5) Supervisor training in accordance with Code Section 34-9-418. (b) In addition to the requirements of subsection (a) of this Code section, a drug-free workplace program must be implemented in compliance with the confidentiality standards provided in Code Section (c) A drug-free workplace program may offer and include the optimum level core services as described in subparagraph (C) of paragraph (6) of Code Section 34-9-411.

History

(Code 1981, § 34-9-413, enacted by Ga. L. 1993, p. 1512, § 2; Ga. L. 2001, p. 800, § 3.)

Annotations

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2001, ‘‘Code

Section 34-9-411’’ was substituted for ‘‘Code Section 34-9-11’’ in subsection (c).

JUDICIAL DECISIONS Cited in Georgia-Pacific Corp. v. Ivey, 250 Ga. App. 181, 549 S.E.2d 471 (2001).

Notes of Decisions

Cited in 2 cases, 1997–2001 · leading case: Georgia Pac. Corp. v. Ivey, 549 S.E.2d 471 (Ga. Ct. App. 2001).

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Georgia Pac. Corp. v. Ivey, 549 S.E.2d 471 (Ga. Ct. App. 2001). · cites it 8× “2 OCGA § 34-9-412 provides that if an employer implements a drug-free workplace program substantially in accordance with OCGA § 34-9-413, the employer shall qualify for a premium discount under its workers’ compensation insurance policy.”

Thomas v. Diamond Rug & Carpet Mills, 486 S.E.2d 664 (Ga. Ct. App. 1997). · cites it 6× “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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