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Drug & Alcohol Policy

Is random drug testing legal in Georgia?

Random testing is a sensitive area. It is generally permissible for safety-critical roles (drivers, machinery operators) if the employee has given prior written consent in their contract. For office staff, it requires stronger justification.

Can I be fired for drinking alcohol during lunch break?

Yes, if you return to work under the influence. Georgian labor law allows termination for being intoxicated at the workplace during working hours, regardless of when the consumption occurred.

Who pays for the drug test?

The employer typically bears the cost of workplace drug and alcohol testing. If the employee wishes to challenge a positive result with an independent test, they may have to pay for it initially.

Does this policy cover remote workers?

It can. While harder to enforce, the policy usually states that employees must be sober during working hours, even when working from home, especially if they are handling sensitive data or participating in video calls.

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Introduction: Why Is a Drug & Alcohol Policy Important?

Being under the influence of alcohol or drugs at the workplace creates serious safety risks for the employee, their colleagues, and third parties. This is especially true in sectors such as construction, transportation, medicine, and heavy industry, where even a split-second delay can lead to tragic consequences. A "Drug & Alcohol Policy" is a document that establishes zero tolerance or strict limitations regarding intoxication during working hours. This policy not only protects the company from accidents but also creates a legal basis for conducting tests and taking appropriate measures (dismissal, treatment). In Georgia, where labor safety standards are becoming increasingly strict, having such a policy is critically necessary for high-risk enterprises.

What Does This Service Cover?

Specialists on Legal.ge offer the development of a sobriety policy that balances safety interests with human rights. The service includes:

  • Definition of Prohibited Substances: A list of substances (alcohol, illegal drugs, psychotropic medications without a prescription) whose consumption or influence is prohibited in the workplace.
  • Testing Procedures: Rules on when and how testing is conducted (e.g., based on suspicion, post-incident, random selection).
  • Consent Mechanism: Developing legally sound consent forms whereby the employee confirms their readiness for testing.
  • Confidentiality Protection: Strict rules for processing and storing test results (as special category personal data).
  • Response Measures: Steps the company takes in case of a positive result (suspension from work, disciplinary liability, enrollment in a rehabilitation program).
  • Prevention and Education: A plan to inform employees about a healthy lifestyle and the risks of substance abuse.

Common Scenarios When You Need This Service

The absence of a policy creates uncertainty during crises:

  • Workplace Accident: An employee operating a lathe was injured. There is a suspicion that they were intoxicated, but the company has no written procedure on whether it has the right to demand a breathalyzer test, complicating insurance claims.
  • Refusal to Test: A driver behaves strangely but refuses to be checked. If the obligation to test is not in the contract, forcing them or firing them for refusal may be considered illegal.
  • Medication Use: An employee takes strong sedatives prescribed by a doctor, causing drowsiness at the wheel. The policy should oblige them to report this to the safety manager.
  • Corporate Party: After an office party, employees continued working while intoxicated and damaged equipment.

Georgian Legislation and Legal Framework

The main regulator in this field is the Organic Law of Georgia "Labor Code of Georgia", which obliges the employer to ensure a maximally safe environment for life and health. Even more specific requirements are established by the Law of Georgia on Occupational Safety, which directly prohibits allowing a person under the influence of alcohol or drugs to perform heavy, harmful, and hazardous work. On the other hand, the Law of Georgia on Personal Data Protection considers health data (including drug test results) as special category data, the processing of which requires a strict legal basis and the subject's written consent.

Process of Receiving the Service

The process begins with a risk assessment: the specialist identifies which positions are "Safety-Critical." Then the policy text is drafted, detailing the testing methodology (breathalyzer, urine analysis, etc.) and procedural guarantees. An important stage is integrating this policy into employment contracts and internal regulations. The specialist will also provide consent forms and instructions for managers on how to recognize signs of intoxication and how to act discreetly.

Why Choose a Specialist on Legal.ge?

A drug and alcohol policy walks a very fine line between safety and privacy. An unprofessionally drafted document can become the basis for discrimination or data privacy disputes. On Legal.ge, you will find lawyers who will help you maintain this balance and create a system that protects your employees and business.

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