Title 34 — Title 34
0 chapters · 240 sections in this title.
O.C.G.A. § 34-9-411 Definitions
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As used in this article, the term: (1) ‘‘Alcohol’’ means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. (2) ‘‘Chain of custody’’ means the methodology of tracking specified materials, specimens, or substances for …
O.C.G.A. § 34-9-412 Insurance premium discount
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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’ compen…
O.C.G.A. § 34-9-412.1 Certification
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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 fo…
O.C.G.A. § 34-9-413 Elements of program; applicable confidentiality standards
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(a) A drug-free workplace program must contain the following elements: (1) Written policy statement as provided in Code Section 34-9-414; (2) Substance abuse testing as provided in Code Section 34-9-415; (3) Resources of employee assistance providers maintained in accordance with…
O.C.G.A. § 34-9-414 Notice of testing; written policy statement
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(a) 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: (1) A general statement of the employer’s policy on employ…
O.C.G.A. § 34-9-416 Employee Assistance Programs
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(a) 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 uti…
O.C.G.A. § 34-9-417 Education program on substance abuse
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(a) 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 …
O.C.G.A. § 34-9-418 Supervisor training on substance abuse
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(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 includ…
O.C.G.A. § 34-9-42 Qualifications and roles of members
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(a) The chairperson of the board shall be a person who, on account of his or her previous employment, affiliation, or experience, shall be 574 34-9-42 WORKERS’ COMPENSATION 34-9-44 considered knowledgeable of the concerns of the public at large. One of the remaining two board mem…
O.C.G.A. § 34-9-420 Confidentiality of information
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(a) 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 disclose…
O.C.G.A. § 34-9-421 Rules and regulations
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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 f…
O.C.G.A. § 34-9-43 Oath of office of members
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Each member of the board, including the chairman thereof, shall, before entering upon the duties of his office, take an oath for the faithful discharge of his duties. (Code 1933, § 114-701.2, enacted by Ga. L. 1975, p. 198, § 6.)
O.C.G.A. § 34-9-430 Definitions
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As used in this article, the term: (1) ‘‘Employer’’ means a person or entity that is subject to the provisions of this chapter but shall not include the state or any department, agency, or instrumentality of the state; any county; any 976 34-9-430 WORKERS’ COMPENSATION 34-9-431 c…
O.C.G.A. § 34-9-431 Certification of work based learning employer; requirements
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(a) A work based learning employer that has been certified pursuant to this Code section may be eligible for a premium discount under such employer’s workers’ compensation insurance policy pursuant to Code Section 33-9-40.3. (b) The State Board of Education shall certify to the S…
O.C.G.A. § 34-9-432 Definitions
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Certification of work based learning employer; requirements. Certification of compliance. injuries to employees generally, § 34-7-20 et seq. Additional payments to members of Georgia State Patrol for injuries received in line of duty, § 35-2-9. Additional pay- 343 T.34, C.9 LABOR…
O.C.G.A. § 34-9-44 Bond of members
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Each member of the board, including the chairman thereof, shall, before entering upon the duties of his office, execute such bond as may 575 34-9-46 be required by the Governor for the protection of the state and those having business before the board. The expense of such bond is…
O.C.G.A. § 34-9-45 Removal of members
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34-9-46. Quorum. 34-9-47. Trial division and appellate division created; composition; sessions. 34-9-48. Designation of members as appellate administrative law judges. 34-9-48.1. Senior administrative law judge of the board. 34-9-49. Appointment and removal of executive director.…
O.C.G.A. § 34-9-46 Quorum
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Any two members of the board shall constitute a quorum for the transaction of any business or the rendering of any decision required by this chapter to be made by all of the members. (Ga. L. 1920, p. 167, § 53; Ga. L. 1925, p. 282, § 4; Code 1933, § 114-703; Ga. L. 1973, p. 232, …
O.C.G.A. § 34-9-47 Trial division and appellate division created; composition; sessions
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(a) There is created and established within the State Board of Workers’ Compensation a trial division and an appellate division, which shall exercise judicial functions in implementing this chapter. (b) The appellate division shall be composed of the three members of the board wh…
O.C.G.A. § 34-9-48.1 Senior administrative law judge of the board
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(a) There is created the office of senior administrative law judge of the board. Any director or administrative law judge who is retired on July 1, 1991, or who shall retire after such date shall be eligible for appointment as a senior administrative law judge if such person is n…
O.C.G.A. § 34-9-49 Appointment and removal of executive director
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(a) There is created the position of executive director of the board. The executive director shall be both appointed and removed by the board. Subject to the general policy established by the board, the executive director shall: (1) Plan, organize, direct, supervise, account for,…
O.C.G.A. § 34-9-53 Short title; purpose
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Notice required as part of television advertisement. Penalty for violation of notice requirement; advertiser defined. 34-9-54. 34-9-55. 34-9-56. Article 2 Administration 34-9-40. T.34, C.9 WORKERS’ COMPENSATION State Board of Workers’ Compensation created; appointment of members;…
O.C.G.A. § 34-9-54 Directors emeritus of board — Term of office; compensation
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All persons appointed to the office of director emeritus of the board, as provided and created by Code Section 34-9-53, shall hold such office for life. A director emeritus shall receive an annual salary in an amount equal to two-thirds of the annual salary provided by law for a …
O.C.G.A. § 34-9-55 Directors emeritus of board — Duties
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It shall be the duty of a director emeritus of the board to serve in an advisory capacity to the board and to lend his advice and counsel concerning matters of administration of this chapter when called upon to do so by the board; provided, however, that a director emeritus shall…
O.C.G.A. § 34-9-58 Powers and duties of board as to enforcement of chapter generally
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The State Board of Workers’ Compensation shall exercise all powers and perform all the duties relating to the enforcement of this chapter. (Code 1933, § 114-701.6, enacted by Ga. L. 1975, p. 198, § 6.) 584 34-9-58 WORKERS’ COMPENSATION 34-9-59
O.C.G.A. § 34-9-59 Adoption of rules of procedure
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The board is empowered and authorized to adopt proper rules of procedure to govern the exercise of its functions and hearings before the board or any of its members or administrative law judges. (Code 1933, § 114-701.7, enacted by Ga. L. 1975, p. 198, § 6; Ga. L. 1988, p. 1679, §…
O.C.G.A. § 34-9-60 Rule-making and subpoena powers; service and enforcement of subpoenas
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(a) The board may make rules, not inconsistent with this chapter, for carrying out this chapter. Processes and procedure under this chapter shall be as summary and simple as reasonably possible; provided, however, that, in any proceeding under this chapter where the parties are r…
O.C.G.A. § 34-9-8 Law reviews
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— For article surveying torts law, see 34 Mercer L. Rev. 271 (1982). For annual survey of administrative law, see 56 Mercer L. Rev. 31 (2004). For annual survey of real property law, see 57 Mercer L. Rev. 331 (2005). For annual survey of law on labor and employment law, see 62 Me…
O.C.G.A. § 34-9-80 Gossage v
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City of Dalton Fire Dep’t, 257 Ga. 430, 360 S.E.2d 249 (1987). Notice requirements met. — When there was evidence to authorize findings that appellant-employer knew of appellee’s preexisting injury and of worsening of appellee’s condition so that it could have made investigation …
O.C.G.A. § 34-9-81 Contents of written notice; manner of delivery
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The written notice provided for in Code Section 34-9-80 shall state in ordinary language the name and address of the employee, the time, place, nature, and cause of the accident and of the resulting injury or death and shall be signed by the employee or by a person in his behalf …
O.C.G.A. § 34-9-82 Limitation period and procedure for filing claims
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(a) The right to compensation shall be barred unless a claim therefor is filed within one year after injury, except that if payment of weekly benefits has been made or remedial treatment has been furnished by the employer on account of the injury the claim may be filed within one…
O.C.G.A. § 34-9-83 Priority of claims
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All rights of compensation under this chapter shall have the same preference or priority for the whole thereof against the assets of the employer as is allowed by law for claims for unpaid wages for labor. (Ga. L. 1920, p. 167, § 21; Code 1933, § 114-301.)
O.C.G.A. § 34-9-84 Assignability of claims
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34-9-85. Claim by guardian or trustee of mental incompetent or minor. 34-9-86. Applicability of time limits to mental incompetents, minors, and persons proceeding against defunct corporations. PART 2 HEARING AND APPEALS 34-9-100. 34-9-101. 34-9-102. 34-9-103. 34-9-104. 34-9-105. …
O.C.G.A. § 34-10-1 Definitions
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As used in this chapter, the term: (1) ‘‘Hazardous chemical’’ means any chemical, which is a physical hazard or a health hazard, as those terms are defined in Code Section 45-22-2. (2) ‘‘Labor pool’’ means a business entity which operates by: (A) Contracting with other entities o…
O.C.G.A. § 34-10-2 Prohibited acts or practices
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A labor pool or work-site employer shall be prohibited from engaging in any of the following acts or practices: (1) Charging a temporary employee a rental fee or any other type of fee for supplying any type of equipment to be used by the temporary employee in performing a work as…
O.C.G.A. § 34-10-3 Definitions
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Prohibited acts or practices. Consent form for exposure to hazardous chemicals; enforcement of chapter. Editor’s notes. — Former Chapter 10 of this title, pertaining to private employment agencies, was repealed effective June 30, 1987, pursuant to the termination provisions of fo…
O.C.G.A. § 34-10-4 Penalties for violation of chapter
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(a) Any person convicted of a violation of paragraph (1), (2), (4), or (5) of Code Section 34-10-2 shall be guilty of a misdemeanor and shall be punished as provided in Code Section 17-10-3, relating to punishment for misdemeanor offenses. (b) Any person convicted of a violation …
O.C.G.A. § 34-10-5 Civil action authorized
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Any person damaged by a violation of Code Section 34-10-2 shall have the right to bring a civil action in a court of competent jurisdiction against the person or persons responsible for such violation. In any action commenced pursuant to this Code section, the plaintiff shall be …
O.C.G.A. § 34-10-6 Compliance with other state or federal laws
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Nothing in this chapter shall be construed to relieve any business entity or employing unit which is subject to any of the provisions of this chapter from the responsibility of said business entity or employing unit to comply with any other provision of state or federal law, incl…
O.C.G.A. § 34-14-6 Editor’s notes
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— Ga. L. 2016, p. 430, § 1/HB 831, not codified by the General Assembly, provides: ‘‘This Act shall be known and cited as the ‘Protecting Guardsmen’s Employment Act.’ ’’