Rule 300-2-9-.04 - Alcohol Adjudication Policy(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.Ga. Comp. R. & Regs. R. 300-2-9-.04
O.C.G.A. Secs. 34-8-70, 34-8-151, 34-8-170, 34-8-190.
Rule 300-2-4-.04 entitled "Vacation" renumbered and amended as 300-2-9-.04. Filed January 9, 1989; effective January 29, 1989.Repealed: New Rule entitled "Alcohol Adjudication Policy" adopted. F. Aug. 28, 1992; eff. Sept. 17, 1992.Repealed: New Rule of same title adopted. F. Jan. 15, 1998; eff. Feb. 6, 1998, as specified by the Agency.Amended: F. Jun. 25, 1998; eff. July 15, 1998.