Ga. Comp. R. & Regs. R. 300-2-9-.04 - Alcohol Adjudication Policy
Current through Rules and Regulations filed through April 4, 2022
(1) These policies are general guidelines for
adjudication of alcohol related cases. These policies do not, and are not
intended to establish what employers may or may not do in their businesses. The
policies address only the payment or denial of benefits under the Employment
Security Law.
(2) For purposes of
OCGA Section
34-8-194
an employer may require a breathalyzer, blood alcohol or similar test of an
employee or prospective employee, as part of the employer's substance abuse
program, or if there are reasonable grounds to believe the individual is under
the influence of alcohol.
(3) An
individual is deemed under the influence of alcohol when the individual's blood
alcohol content exceeds the amount prescribed in a collective bargaining
agreement, or in the absence of a collective bargaining agreement, exceeds the
amount prescribed in the employer's published work rules, or in the absence of
either of the foregoing, meets or exceeds the amount prescribed in OCGA Section
40-6-391
as constituting being under the influence of alcohol. In the absence of a test,
an individual may be found to be under the influence of alcohol when there is
clear observable evidence of intoxication.
(4) An individual who is discharged as a
result of being under the influence of alcohol while on the job, is discharged
under disqualifying conditions.
(5)
An individual who is discharged for failing to appear for work as a result of
the use of alcohol is discharged under disqualifying conditions, unless the
individual establishes that the absence was resulting from the individual
seeking treatment for alcoholism from a recognized treatment program, and the
individual followed the employer's procedure for notifying the employer of
his/her absence from work.
(6)
Alcohol testing shall not be used to discriminate against employees for reasons
prohibited by law.
(7) An employee
who violates a known work rule of the employer which forbids the consumption of
alcohol during the working day can be disqualified from receiving unemployment
compensation even without proof that the employee is under the influence of
alcohol.
Notes
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