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Georgia Drug-Free Workplace Program – Workers’ Comp Insurance Discount

State of Georgia

Introduction

Georgia employers who implement and maintain a compliant Drug-Free Workplace Program under O.C.G.A. §§ 34-9-410 through 34-9-421 may qualify for a 7.5% workers’ compensation premium credit, provided the program is certified annually by the State Board of Workers’ Compensation (SBWC). This includes meeting standards for policy, testing, training, confidentiality, and lab procedures.​

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Below you’ll find a complete overview of program benefits, statutory requirements, testing rules, and the application process.

Benefits of Georgia’s Drug-Free Workplace Program

  • 7.5% premium credit on workers’ comp program once certified by SBWC and your certificate is submitted to your insurer.

  • Enhances workplace safety and defensibility of post-accident claims.

  • Formal training and documentation reduce legal and operational risk

  • Supports employee well-being and substance abuse prevention

Program Requirements in Georgia (At a Glance)

Here’s a quick comparison chart based on Georgia Code O.C.G.A. §§ 34-9-410 through 34-9-421 (Article 11 – Drug-Free Workplace Programs) and guidance from the State Board of Workers’ Compensation (SBWC).

Category
Georgia Requirements
Program / Discount
Employer‑implemented DFWP certified by SBWC annually; qualifies employer for a 7.5% workers’ comp premium credit when submitted to insurer.
Statutory Authority
O.C.G.A. §§ 34‑9‑410 – 34‑9‑421, Article 11, Drug‑Free Workplace Programs.
Certification & Credit
SBWC certifies employers; insurer applies the discount based on the certificate. Employers must re-certify annually to maintain the credit.
Employer Eligibility
Any insured employer who implements compliant program; certification required annually.
Notice & Posting
One-time written notice and policy given to employees and applicants prior to testing; posted conspicuously; include in job postings. 60-day notice if newly implementing post-July 1, 1993.
Required Testing Triggers
Post-offer pre-employment; reasonable suspicion; routine fitness-for-duty; follow-up (1×/year for 2 years after rehab); post-accident. Random testing allowed for private employers.
Specimen & Methods
Allowed: urine, blood, or other bodily specimens. Confirmation required by NIDA/CAP-approved lab using GC/MS or equivalent with chain-of-custody.
Panel & Cutoff
Allows testing for alcohol, amphetamines, cannabinoids, cocaine, PCP, hallucinogens, methaqualone, opiates, barbiturates, benzodiazepines, synthetic narcotics, designer drugs, and their metabolites. Employers may use 5-, 8-, or 10-panel combinations. Alcohol: No mandated cutoff or specimen type; employer sets policy.
Medical Review Officer (MRO)
Required to review and verify any positive test before employer action.
Employee Education
Year 1: Must provide two (2) hours of substance abuse education to all employees, divided into two separate one-hour sessions; Subsequent years: annual education. (§ 34‑9‑417).
Supervisor Training
Year 1: minimum 2 hours training; subsequent years: minimum 1 hour (§ 34‑9‑418).
Confidentiality
All results and records are confidential per § 34‑9‑420; employees may request access.
Marijuana Notes
Possession of low-THC oil (≤ 5% THC) is lawful for registered patients (up to 20 fluid ounces). Georgia law does not require any workplace accommodation, and employers may enforce zero-tolerance policies including termination or denial of a claim for THC-positive test results, regardless of on- or off-duty use.

Disclaimer: This overview is provided for informational purposes only. Employers should review state requirements and consult with legal counsel or their insurer to ensure compliance.

Detailed Testing Requirements

Georgia law authorizes testing in these situations for an employer’s Drug-Free Workplace Program:

  1. Post-offer pre-employment — for job applicants.

  2. Reasonable suspicion — based on observable behavior, documented in writing.

  3. Routine fitness-for-duty — if part of regular medical exams.

  4. Post-accident testing — where the employee caused or contributed to injury, especially with lost time.

  5. Follow-up — minimum once per year for two years post-rehabilitation.

  6. Random testing — allowed for private employers; must be fair and consistent.

How to Apply for Premium Credit

  1. Implement the program components.

  2. Submit your application to SBWC following instructions on the official SBWC DFWP page.

  3. Receive your certificate upon SBWC approval.

  4. Submit certificate to your insurer to activate the 7.5% workers’ comp discount.

  5. Renew annually to maintain certification and discount.

Why Choose ASAP Programs for Compliance?

Implementing a compliant program can be complex — from testing coordination to policy development and annual renewal support. ASAP Programs simplifies the process with:

  1. Nationwide drug testing & background screening solutions

  2. Compliance-ready policies and training resources

  3. End-to-end program administration and documentation

  4. We’ll handle your policy, education, training, testing protocol, and instructions for SBWC filing.

Ready to qualify for Georgia's 7.5% workers’ comp discount?
Contact ASAP Programs today and let us help you implement a certified program.

Last updated: August 2025

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