TITLE 45
PUBLIC OFFICERS AND EMPLOYEES
Section 22. Public Employee Hazardous Chemical Protection and Right to Know, 45-22-1 through 45-22-12.
ARTICLE 6
DRUG TESTING FOR STATE EMPLOYMENT
45-22-11. Filing of employee grievances; termination of contract by employer for violation of Code Section 45-22-4; ability of employers to dismiss or discipline employees; judicial review of grievances.
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In order to enforce the provisions of this chapter, any employee adversely affected by a violation of this chapter by that employee's employer may file a grievance in accordance with the employer's established grievance procedures. Appointing authorities shall pursue all complaints concerning occupational exposure to hazardous chemicals.
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Upon any violation of Code Section 45-22-4 by a contractor, the employer under agreement with such contractor shall have the right to terminate the contract without liability.
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Nothing in this chapter shall change or modify the right or ability of employers to dismiss or discipline employees in accordance with the laws of this state.
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Any employee dissatisfied with a final decision of an appointing authority with regard to a grievance filed pursuant to subsection (a) of this Code section shall be entitled to judicial review in the same manner as provided for judicial review of contested cases in Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
(Code 1981, §45-22-11, enacted by Ga. L. 1988, p. 1778, § 1; Ga. L. 1991, p. 1304, § 12; Ga. L. 2015, p. 911, § 6/HB 278.)
The 2015 amendment,
effective January 1, 2016, in subsection (a), deleted the former last sentence, which read: "Employees dissatisfied with a final decision of an appointing authority may file a grievance with the Commissioner."; and, in subsection (d), substituted "dissatisfied with a final decision of an appointing authority with regard" for "adversely affected by a final decision of the Commissioner".
