§ 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 […]
§ 34-9-361. Employer’s Knowledge of Employee’s Preexisting Permanent Impairment
It shall be incumbent upon the employer to establish that the employer had reached an informed conclusion prior to the occurrence of the subsequent injury or occupational disease that the preexisting impairment is permanent and is likely to be a hindrance or obstacle to employment or reemployment. Where, however, the employer establishes knowledge of the […]
§ 34-9-387. Reimbursement and Security Deposit From Participant for Compensation Obligations
The board of trustees shall have the right and duty to obtain reimbursement from any participant for payment of compensation obligations in the amount of the participant’s compensation obligations assumed by the board of trustees and paid from the fund by the board of trustees as directed by the board, including, but not limited to, […]