Georgia Workers' Compensation Board Adopts Drug-Free Workplace Rule 410

The Georgia State Board of Workers' Compensation (SBWC) added a new Rule 410, "Drug-Free Workplace Program," to its 2026 Rules, which took effect October 15, 2026. Under the rule, the Board administers Georgia's Drug-Free Workplace Program (DFWP) under Official Code of Georgia Annotated (O.C.G.A.) Title 34, Chapter 9, Article 11, beginning October 15, 2026, following a partnership with the Council on Alcohol and Drugs. The rule sets the certification application process and fee, the program elements an employer affirms, and the conditions for the workers' compensation insurance premium discount.

Rule 410 is in effect as of October 15, 2026.

Board Administration of the Program

Rule 410(a) states that, "After a partnership between the State Board of Workers' Compensation and the Council on Alcohol and Drugs," the DFWP "will be administered by the Board effective October 15, 2026." Rule 410(h) provides that the Board may contract with the Council on Alcohol and Drugs or other organizations or individuals for help with education, training and customer and staff support on complex substance abuse and workplace drug prevention issues.

Certification Application and Required Elements

Applications for certification or recertification are submitted to the Board online through the DFWP website, and may also be submitted on paper through the United States Mail. Rule 410(c) requires an application fee of $35.00, payable to the "State Board of Workers' Compensation," to cover the Board's administrative costs. Applications are not processed until the fee is paid.

Under Rule 410(d), "To be certified or recertified as a drug-free workplace, an employer must affirm that its drug-free workplace program contains the following elements":

1. A written policy statement as provided in O.C.G.A. § 34-9-414;
2. Substance abuse testing as provided in O.C.G.A. § 34-9-415;
3. Resources of employee assistance providers maintained under O.C.G.A. § 34-9-416;
4. Employee education as provided in O.C.G.A. § 34-9-417;
5. Supervisor training under O.C.G.A. § 34-9-418; and
6. Compliance with the confidentiality standards in O.C.G.A. § 34-9-420.

The Board issues a Drug-Free Workplace Certification once the employer affirms compliance with these elements.

Premium Discount, Notice and Recertification

Rule 410(e) states that certification "shall qualify an employer for a 7.5 percent workers' compensation insurance premium discount." To receive the discount, an employer "must provide its insurer with annual written notice of its DFWP certification." The rule states that the employer should enclose a copy of the Board-issued certificate when notifying its insurer.

Under Rule 410(f), the employer is required to recertify and maintain its certified program during each year it receives the premium discount. Rule 410(g) states that "it is necessary for an employer to maintain its policy and the records required by the drug-free workplace program in a separate file for review upon request by its insurer and/or the Board."