US Lawyer Database

§ 34-9-410. Legislative Intent

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 […]

§ 34-9-411. Definitions

As used in this article, the term: “Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. “Chain of custody” means the methodology of tracking specified materials, specimens, or substances for the purpose of maintaining control and accountability from initial collection to final disposition for […]

§ 34-9-412. Insurance Premium Discount

If an employer work organization implements a drug-free workplace program substantially in accordance with subsections (a) and (b) of Code Section 34-9-413, the employer work organization shall qualify for certification for a premium discount under such employer’s workers’ compensation insurance policy as provided in Code Section 33-9-40.2. History. Code 1981, § 34-9-412 , enacted by […]

§ 34-9-412.1. Certification

A self-insured employer or an employer member of a group self-insurance fund who implements a drug-free workplace program substantially in accordance with Code Section 34-9-413 and who complies with all other provisions of this article required of employers in order to qualify for insurance premium discounts shall be certified by the State Board of Workers’ […]

§ 34-9-413. Elements of Program; Applicable Confidentiality Standards

A drug-free workplace program must contain the following elements: Written policy statement as provided in Code Section 34-9-414; Substance abuse testing as provided in Code Section 34-9-415; Resources of employee assistance providers maintained in accordance with Code Section 34-9-416; Employee education as provided in Code Section 34-9-417; and Supervisor training in accordance with Code Section […]

§ 34-9-414. Notice of Testing; Written Policy Statement

One time only, prior to testing, all employees and job applicants for employment must be given a notice of testing. In addition, all employees must be given a written policy statement from the employer which contains: A general statement of the employer’s policy on employee substance abuse which shall identify: The types of testing an […]

§ 34-9-415. Conduct of Testing; Types of Tests; Random Testing; Procedures for Specimen Collection and Testing; Laboratory Qualifications, Procedures, and Reports; Confirmation Tests

All testing conducted by an employer shall be in conformity with the standards and procedures established in this article and all applicable rules adopted by the State Board of Workers’ Compensation pursuant to this article. However, an employer shall not have a legal duty under this article to request an employee or job applicant to […]

§ 34-9-416. Employee Assistance Programs

If an employer has an Employee Assistance Program, the employer must inform the employee of the benefits and services of the Employee Assistance Program.  In addition, the employer must provide the employee with notice of the policies and procedures regarding access to and utilization of the program. If an employer does not have an Employee […]

§ 34-9-417. Education Program on Substance Abuse

During the initial year of certification as provided in Code Section 34-9-412.1, an employer must provide all employees with a semiannual education program on substance abuse, in general, and its effects on the workplace, specifically. During the initial year, the first hour of the education program must include but is not limited to the following […]

§ 34-9-418. Supervisor Training on Substance Abuse

During the initial year of certification as provided in Code Section 34-9-412.1 and in addition to the education program provided in Code Section 34-9-417, an employer must provide all supervisory personnel with a minimum of two hours of supervisor training, which must include but is not limited to the following information: How to recognize signs […]

§ 34-9-419. Physician-Patient Relationship Not Created; Authorized Work Rules; Applicability of Article; Medical Screening or Other Tests Authorized; Employer Not Required to Establish Program

No physician-patient relationship is created between an employee or job applicant and an employer, medical review officer, or any person performing or evaluating a drug test solely by the establishment, implementation, or administration of a drug-testing program. Nothing in this article shall be construed to prevent an employer from establishing reasonable work rules related to […]

§ 34-9-420. Confidentiality of Information

All information, interviews, reports, statements, memoranda, and test results, written or otherwise, received by the employer through a substance abuse testing program are confidential communications, but may be used or received in evidence, obtained in discovery, or disclosed in any civil or administrative proceeding, except as provided in subsection (d) of this Code section. Employers, […]

§ 34-9-421. Rules and Regulations

The State Board of Workers’ Compensation shall promulgate by rule or regulation procedures and forms for the certification of employers who establish and maintain a drug-free workplace which complies with the provisions of this article. The board shall be authorized to charge a fee for the certification of a drug-free workplace program in an amount […]