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Ga. Code Ann. §§ 50-24-1 to 50-24-6

Ga. Code Ann. §§ 50-24-1 to 50-24-6 – Drug-Free Workplace Act

§ 50-24-1.  Short title

 This chapter shall be known and may be cited as the "Drug-free Workplace Act."


§ 50-24-2.  Definitions

 As used in this chapter, the term:

   (1) "Contractor" means:

      (A) Any person engaged in the business of constructing, altering, repairing, dismantling, or demolishing buildings; roads; bridges; viaducts; sewers; water and gas mains; streets; disposal plants; airports; dams; water filters, tanks, towers, and wells; pipelines; and every other type of structure, project, development, or improvement coming within the definition of real or personal property, including, but not limited to, constructing, altering, or repairing property to be held either for sale or rental when the contract involves an expenditure by a state agency of at least $25,000.00; or

      (B) Any person supplying goods, materials, services, or supplies pursuant to a contract or lease on behalf of a state agency as described in Code Section 50-5-64 when the contract involves an expenditure by the state agency of at least $25,000.00.

   (2) "Controlled substance" means a controlled substance as defined in Article 2 of Chapter 13 of Title 16.

   (3) "Conviction" means a plea of guilty or a finding of guilt, including a plea of nolo contendere and regardless of treatment as a first offender under Article 3 of Chapter 8 of Title 42, or imposition of a sentence, or both, by any judicial body charged with a responsibility to determine violations of the federal or state criminal drug statutes.

   (4) "Criminal drug statute" means any criminal statute involving the manufacture, sale, distribution, dispensation, use, or possession of any controlled substance or marijuana.

   (5) "Drug-free workplace" means a site for the performance of work done in connection with a specific contract referred to in paragraph (1) of this Code section with a person, the employees of which person are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession, or use of any controlled substance or marijuana in accordance with the requirements of this chapter.

   (6) "Employee" means the employee of a contractor directly engaged in the performance of work pursuant to the provisions of the contract referred to in paragraph (1) of this Code section.

   (7) "Individual" means a contractor that has no more than one employee, including the contractor.

   (8) "Marijuana" means the substance as defined in paragraph (16) of Code Section 16-13-21.

   (9) "Person" means a corporation, a partnership, a business trust, an association, a firm, or any other legal entity except an individual.

   (10) "Principal representative" means the governing board or the executive head of a state agency who is authorized to enter into a contract with a contractor on behalf of the state agency.

   (11) "State agency" means any department, division, board, bureau, commission, or other agency of the state government or any state authority.

   (12) "Subcontractor" means a person hired by a contractor on an independent basis rather than as an employee and who performs work for the contractor under a contract as provided under subparagraph (A) of paragraph (1) of this Code section.


§ 50-24-3.  Contractors to provide drug-free workplace

   (a) The principal representative of a state agency shall not enter into a contract with any contractor, other than an individual, unless the contractor certifies to the principal representative that:

   (1) A drug-free workplace will be provided for the contractor's employees during the performance of the contract; and

   (2) Each contractor who hires a subcontractor to work in a drug-free workplace shall secure from that subcontractor the following written certification: "As part of the subcontracting agreement with  (contractor's name) ,    (subcontractor's name)   certifies to the contractor that a drug-free workplace will be provided for the subcontractor's employees during the performance of this contract pursuant to paragraph (7) of subsection (b) of Code Section 50-24-3."

(b) A contractor may satisfy the requirement for providing a drug-free workplace for employees by:

   (1) Publishing a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition;

   (2) Establishing a drug-free awareness program to inform employees about:

      (A) The dangers of drug abuse in the workplace;

      (B) The contractor's policy of maintaining a drug-free workplace;

      (C) Any available drug counseling, rehabilitation, and employee assistance program; and

      (D) The penalties that may be imposed upon employees for drug abuse violations;

   (3) Providing each employee with a copy of the statement provided for in paragraph (1) of this subsection;

   (4) Notifying each employee in the statement provided for in paragraph (1) of this subsection that as a condition of employment, the employee shall:

      (A) Abide by the terms of the statement; and

      (B) Notify the contractor of any criminal drug statute conviction for a violation occurring in the workplace within five days of the conviction;

   (5) Notifying the contracting principal representative within ten days after receiving from an employee or a subcontractor a notice of conviction as provided under subparagraph (B) of paragraph (4) of this subsection or after otherwise receiving actual notice of such a conviction;

   (6) Making a good faith effort on a continuing basis to provide a drug-free workplace for employees; and

   (7) Requiring that such contractor include in any agreement or contract with a subcontractor a provision that such subcontractor will provide a drug-free workplace for his employees by complying with the provisions of paragraphs (1), (2), (3), (4), and (6) of this subsection and by notifying the contractor of any criminal drug statute conviction for a violation occurring in the workplace involving the subcontractor or its employees within five days of receiving notice of the conviction. The contractor will notify the contracting principal representative pursuant to paragraph (5) of this subsection.

§ 50-24-4.  Certification in contract


   The principal representative of a state agency shall not enter into a contract with an individual or a person as a contractor unless the contract includes a certification by the individual or person that the individual or person will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the contract.

§ 50-24-5.  Suspension, termination, or debarment of contractors


   The principal representative of a state agency may suspend, terminate, or debar the contractor if the state agency determines that:

   (1) The contractor or individual has made false certification under subsection (a) of Code Section 50-24-3; or

   (2) The contractor has violated such certification by failing to carry out the requirements of Code Section 50-24-3.


§ 50-24-6.  Minimum standards established


   This chapter establishes minimum standards for contractors and in no way limits or restrains contractors from implementing additional procedures and policies having the objectives of achieving and maintaining a drug-free workplace.

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