Supervisor training on substance abuse

(a) 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: (1) How to recognize signs of employee substance abuse; (2) How to document and corroborate signs of employee substance abuse; and (3) How to refer substance abusing employees to the proper treatment providers. (b) During the second and any consecutive subsequent years of certification, an employer must provide all supervisory personnel with a minimum of one hour of such supervisory training. (Code 1981, § 34-9-418, enacted by Ga. L. 1993, p. 1512, § 2; Ga. L. 2001, p. 800, § 8.) 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. (a) 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. (b) Nothing in this article shall be construed to prevent an employer from establishing reasonable work rules related to employee possession, use, sale, or solicitation of drugs, including convictions for drug related offenses, and taking action based upon a violation of any of those rules. (c) Nothing in this article shall be construed to operate retroactively, and nothing in this article shall abrogate the right of an employer under state or federal law to conduct drug tests, or implement employee drug-testing programs; provided, however, only those programs that meet the criteria outlined in this article qualify for reduced workers’ compensation insurance premiums under Code Section 33-9-40.2. (d) Nothing in this article shall be construed to prohibit an employer from conducting medical screening or other tests required, permitted, 974 34-9-419 WORKERS’ COMPENSATION 34-9-420 or not disallowed by any statute, rule, or regulation for the purpose of monitoring exposure of employees to toxic or other unhealthy materials in the workplace or in the performance of job responsibilities. Such screening or tests shall be limited to the specific materials expressly identified in the statute, rule, or regulation, unless prior written consent of the employee is obtained for other tests. (e) No cause of action shall arise in favor of any person based upon the failure of an employer to establish or conduct a program or policy for substance abuse testing. (Code 1981, § 34-9-419, enacted by Ga. L. 1993, p. 1512, § 2.) 34-9-420. Confidentiality of information.