reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 10 - SELF-INSURERS GUARANTY TRUST FUND (§§ 34-9-380 — 34-9-389) › Section 34-9-388 - Reports of participant's insolvency; participant's audits; review of applications for self-insurance and recommendations thereon

(a)
It shall be the duty of the board to report to the board of trustees when the board has reasonable cause to believe that any participant examined or being examined may be in danger of insolvency.
(b)
The board shall, at the inception of a participant's self-insured status and at least annually thereafter, so long as the participant remains self-insured, furnish the board of trustees with a complete, original bound copy of each participant's audited annual financial statement performed in accordance with generally accepted accounting standards by an independent certified public accounting firm, three to five years of loss history, name of the individual or company to administer claims, and any other pertinent information submitted to the board to authenticate the participant's self-insured status. The board of trustees may contract for the services of a qualified certified public accountant or firm to review, analyze, and make recommendations on these documents. All financial information submitted by a participant shall be considered confidential and not public information.
(c)
The board of trustees shall make reports and recommendations to the board upon any matter germane to the solvency, liquidation, or rehabilitation of any participant. The board of trustees shall examine the same documents as required in subsection (b) of this Code section. Such reports and recommendations shall not be considered public documents.
(d)
The board of trustees shall have the authority to review all applications for self-insurance and shall make recommendations to the board concerning the acceptance of the prospective self-insurer. If the board rejects in part or in whole the recommendations of the board of trustees, the board shall give written notice to the board of trustees ten days prior to accepting the application for self-insurance.
Amended by 2016 Ga. Laws 402,§ 13, eff. 7/1/2016.
Amended by 2010 Ga. Laws 377,§ 4, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 10 - SELF-INSURERS GUARANTY TRUST FUND (§§ 34-9-380 — 34-9-389) › Section 34-9-389 - State absolved of responsibility for debts incurred under fund

The State of Georgia shall not be responsible for any debts incurred as a result of the operation or administration of this fund.
Amended by 2010 Ga. Laws 377,§ 4, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 11 - DRUG-FREE WORKPLACE PROGRAMS (§§ 34-9-410 — 34-9-421) › Section 34-9-410 - Legislative intent

It is the intent of the General Assembly to promote drug-free workplaces in order that employers in this state be afforded the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace, and reach their desired levels of success without experiencing the costs, delays, and tragedies associated with work related accidents resulting from substance abuse by employees.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 11 - DRUG-FREE WORKPLACE PROGRAMS (§§ 34-9-410 — 34-9-421) › Section 34-9-412 - Insurance premium discount

If an employer work organization implements a drug-free workplace program substantially in accordance with subsections (a) and (b) of Code Section
34-9-413
, the employer work organization shall qualify for certification for a premium discount under such employer's workers' compensation insurance policy as provided in Code Section
33-9-40.2
.
Amended by 2001 Ga. Laws 251, § 2, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 11 - DRUG-FREE WORKPLACE PROGRAMS (§§ 34-9-410 — 34-9-421) › Section 34-9-412.1 - Certification

A self-insured employer or an employer member of a group self-insurance fund who implements a drug-free workplace program substantially in accordance with Code Section
34-9-413
and who complies with all other provisions of this article required of employers in order to qualify for insurance premium discounts shall be certified by the State Board of Workers' Compensation as having a drug-free workplace program in compliance with this article.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 11 - DRUG-FREE WORKPLACE PROGRAMS (§§ 34-9-410 — 34-9-421) › Section 34-9-413 - Elements of program; applicable confidentiality standards

(a)
A drug-free workplace program must contain the following elements:
(1)
Written policy statement as provided in Code Section
34-9-414
;
(2)
Substance abuse testing as provided in Code Section
34-9-415
;
(3)
Resources of employee assistance providers maintained in accordance with Code Section
34-9-416
;
(4)
Employee education as provided in Code Section
34-9-417
; and
(5)
Supervisor training in accordance with Code Section
34-9-418
.
(b)
In addition to the requirements of subsection (a) of this Code section, a drug-free workplace program must be implemented in compliance with the confidentiality standards provided in Code Section
34-9-420
.
(c)
A drug-free workplace program may offer and include the optimum level core services as described in subparagraph (C) of paragraph (6) of Code Section
34-9-411
.
Amended by 2001 Ga. Laws 251, § 3, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 11 - DRUG-FREE WORKPLACE PROGRAMS (§§ 34-9-410 — 34-9-421) › Section 34-9-414 - Notice of testing; written policy statement

(a)
One time only, prior to testing, all employees and job applicants for employment must be given a notice of testing. In addition, all employees must be given a written policy statement from the employer which contains:
(1)
A general statement of the employer's policy on employee substance abuse which shall identify:
(A)
The types of testing an employee or job applicant may be required to submit to, including reasonable suspicion or other basis used to determine when such testing will be required; and
(B)
The actions the employer may take against an employee or job applicant on the basis of a positive confirmed test result;
(2)
A statement advising an employee or job applicant of the existence of this article;
(3)
A general statement concerning confidentiality;
(4)
The consequences of refusing to submit to a drug test;
(5)
A statement advising an employee of the Employee Assistance Program, if the employer offers such program, or advising the employee of the employer's resource file of assistance programs and other persons, entities, or organizations designed to assist employees with personal or behavioral problems;
(6)
A statement that an employee or job applicant who receives a positive confirmed test result may contest or explain the result to the employer within five working days after written notification of the positive test result; and
(7)
A statement informing an employee of the provisions of the federal Drug-Free Workplace Act or Chapter 23 of Title 45, the "Drug-free Public Work Force Act of 1990," if applicable to the employer.
(b)
An employer not having a substance abuse testing program in effect on July 1, 1993, shall ensure that at least 60 days elapse between a general one-time notice to all employees that a substance abuse testing program is being implemented and the beginning of the actual testing. An employer having a substance abuse testing program in place prior to July 1, 1993, shall not be required to provide a 60 day notice period.
(c)
An employer shall include notice of substance abuse testing on vacancy announcements for those positions for which testing is required. A notice of the employer's substance abuse testing policy must also be posted in an appropriate and conspicuous location on the employer's premises, and copies of the policy must be made available for inspection by the employees or job applicants of the employer during regular business hours in the employer's personnel office or other suitable locations.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 11 - DRUG-FREE WORKPLACE PROGRAMS (§§ 34-9-410 — 34-9-421) › Section 34-9-416 - Employee Assistance Programs

(a)
If an employer has an Employee Assistance Program, the employer must inform the employee of the benefits and services of the Employee Assistance Program. In addition, the employer must provide the employee with notice of the policies and procedures regarding access to and utilization of the program.
(b)
If an employer does not have an Employee Assistance Program, the employer must maintain a resource file of providers of other employee assistance including drug and alcohol abuse programs, mental health providers, and other persons, entities, or organizations available to assist employees with personal or behavioral problems and must notify the employee in writing of the availability of this resource file. In addition, the employer shall post in a conspicuous place a current listing of providers of employee assistance in the area. Such listing of available providers shall be reviewed and updated by the employer during the month of July of each year at which time the employer shall, when necessary, correct and revise information on all providers listed. Employers shall take reasonable care to identify appropriate providers and supply accurate telephone and address information on the posted listing of providers at all times.
Amended by 2001 Ga. Laws 251, § 6, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 11 - DRUG-FREE WORKPLACE PROGRAMS (§§ 34-9-410 — 34-9-421) › Section 34-9-417 - Education program on substance abuse

(a)
During the initial year of certification as provided in Code Section
34-9-412.1
, an employer must provide all employees with a semiannual education program on substance abuse, in general, and its effects on the workplace, specifically. During the initial year, the first hour of the education program must include but is not limited to the following information:
(1)
The explanation of the disease model of addiction for alcohol and drugs;
(2)
The effects and dangers of the commonly abused substances in the workplace; and
(3)
The company's policies and procedures regarding substance abuse in the workplace and how employees who wish to obtain substance abuse treatment can do so.
(b)
During the second and any consecutive subsequent years of certification, an employer must provide all employees with an annual education program.
Amended by 2001 Ga. Laws 251, § 7, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 11 - DRUG-FREE WORKPLACE PROGRAMS (§§ 34-9-410 — 34-9-421) › Section 34-9-418 - Supervisor training on substance abuse

(a)
During the initial year of certification as provided in Code Section
34-9-412.1
and in addition to the education program provided in Code Section
34-9-417
, an employer must provide all supervisory personnel with a minimum of two hours of supervisor training, which must include but is not limited to the following information:
(1)
How to recognize signs of employee substance abuse;
(2)
How to document and corroborate signs of employee substance abuse; and
(3)
How to refer substance abusing employees to the proper treatment providers.
(b)
During the second and any consecutive subsequent years of certification, an employer must provide all supervisory personnel with a minimum of one hour of such supervisory training.
Amended by 2001 Ga. Laws 251, § 8, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 11 - DRUG-FREE WORKPLACE PROGRAMS (§§ 34-9-410 — 34-9-421) › Section 34-9-419 - Physician-patient relationship not created; authorized work rules; applicability of article; medical screening or other tests authorized; employer not required to establish program

(a)
No physician-patient relationship is created between an employee or job applicant and an employer, medical review officer, or any person performing or evaluating a drug test solely by the establishment, implementation, or administration of a drug-testing program.
(b)
Nothing in this article shall be construed to prevent an employer from establishing reasonable work rules related to employee possession, use, sale, or solicitation of drugs, including convictions for drug related offenses, and taking action based upon a violation of any of those rules.
(c)
Nothing in this article shall be construed to operate retroactively, and nothing in this article shall abrogate the right of an employer under state or federal law to conduct drug tests, or implement employee drug-testing programs; provided, however, only those programs that meet the criteria outlined in this article qualify for reduced workers' compensation insurance premiums under Code Section
33-9-40.2
.
(d)
Nothing in this article shall be construed to prohibit an employer from conducting medical screening or other tests required, permitted, or not disallowed by any statute, rule, or regulation for the purpose of monitoring exposure of employees to toxic or other unhealthy materials in the workplace or in the performance of job responsibilities. Such screening or tests shall be limited to the specific materials expressly identified in the statute, rule, or regulation, unless prior written consent of the employee is obtained for other tests.
(e)
No cause of action shall arise in favor of any person based upon the failure of an employer to establish or conduct a program or policy for substance abuse testing.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 11 - DRUG-FREE WORKPLACE PROGRAMS (§§ 34-9-410 — 34-9-421) › Section 34-9-420 - Confidentiality of information

(a)
All information, interviews, reports, statements, memoranda, and test results, written or otherwise, received by the employer through a substance abuse testing program are confidential communications, but may be used or received in evidence, obtained in discovery, or disclosed in any civil or administrative proceeding, except as provided in subsection (d) of this Code section.
(b)
Employers, laboratories, medical review officers, employee assistance programs, drug or alcohol rehabilitation programs, and their agents who receive or have access to information concerning test results shall keep all information confidential. Release of such information under any other circumstance shall be solely pursuant to a written consent form signed voluntarily by the person tested, unless such release is compelled by an agency of the state or a court of competent jurisdiction or unless deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. The consent form must contain at a minimum:
(1)
The name of the person who is authorized to obtain the information;
(2)
The purpose of the disclosure;
(3)
The precise information to be disclosed;
(4)
The duration of the consent; and
(5)
The signature of the person authorizing release of the information.
(c)
Information on test results shall not be released or used in any criminal proceeding against the employee or job applicant. Information released contrary to this subsection shall be inadmissible as evidence in any such criminal proceeding.
(d)
Nothing contained in this article shall be construed to prohibit the employer or laboratory conducting a test from having access to employee test information when consulting with legal counsel when the information is relevant to its defense in a civil or administrative matter.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 11 - DRUG-FREE WORKPLACE PROGRAMS (§§ 34-9-410 — 34-9-421) › Section 34-9-421 - Rules and regulations

The State Board of Workers' Compensation shall promulgate by rule or regulation procedures and forms for the certification of employers who establish and maintain a drug-free workplace which complies with the provisions of this article. The board shall be authorized to charge a fee for the certification of a drug-free workplace program in an amount which shall approximate the administrative costs to the board of such certification. Certification of an employer shall be required for each year in which a premium discount is granted. The State Board of Workers' Compensation shall be authorized to promulgate rules and regulations necessary for the implementation of this article.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 12 - WORK BASED LEARNING EMPLOYERS (§§ 34-9-430 — 34-9-432) › Section 34-9-430 - Definitions

As used in this article, the term:
(1)
"Employer" means a person or entity that is subject to the provisions of this chapter but shall not include the state or any department, agency, or instrumentality of the state; any county; any county or independent school system; any municipal corporation; or any employer which is self-insured for the purposes of this chapter.
(2)
"Employer member of a group self-insurance fund" means any employer who is a member of a fund certified pursuant to Code Section
34-9-153
.
(3)
"Self-insured employer" means any employer certified pursuant to Code Section
34-9-127
.
(4)
"Work based learning coordinator" means a school employee who coordinates and supervises students in work based learning placements.
(5)
"Work based learning employer" means an employer who provides work based learning placements in accordance with this article.
(6)
"Work based learning placement" or "placement" means an arrangement between a business or industry partner and a local school system in which students are released for a portion of the school day for structured learning at an employer's job site in either a paid or unpaid position while receiving academic credit. Work based learning placements include, but are not limited to, employability skill development, service learning, cooperative education, internship, youth apprenticeship, and clinical experiences.
(7)
"Work based learning student" means a student age 16 or older in a work based learning placement for an employer.
Added by 2016 Ga. Laws 356,§ 4, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 12 - WORK BASED LEARNING EMPLOYERS (§§ 34-9-430 — 34-9-432) › Section 34-9-431 - Certification of work based learning employer; requirements

(a)
A work based learning employer that has been certified pursuant to this Code section may be eligible for a premium discount under such employer's workers' compensation insurance policy pursuant to Code Section
33-9-40.3
.
(b)
The State Board of Education shall certify to the State Board of Workers' Compensation that a work based learning employer meets the following requirements:
(1)
Enters into a training agreement with one or more work based learning students, the student's parent or guardian, and the school's work based learning coordinator;
(2)
Develops, in conjunction with the school's work based learning coordinator, a detailed training plan for the work based learning student that focuses on development of technical skills and employability skills;
(3)
Assigns a mentor to the work based learning student and assists in monitoring the progress of such student;
(4)
Provides workers' compensation insurance coverage for the work based learning student;
(5)
Complies with all federal, state, and local laws and regulations regarding the employment of students; and
(6)
Complies with the rules and regulations of the State Board of Education.
Amended by 2017 Ga. Laws 275,§ 34, eff. 5/9/2017.
Added by 2016 Ga. Laws 356,§ 4, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 12 - WORK BASED LEARNING EMPLOYERS (§§ 34-9-430 — 34-9-432) › Section 34-9-432 - Certification of compliance

A self-insured employer or an employer member of a group self-insurance fund that provides work based learning placements for one or more work based learning students substantially in accordance with Code Section
34-9-431
and that complies with all other provisions of this article required of employers in order to qualify for insurance premium discounts may be certified by the State Board of Education to the State Board of Workers' Compensation as a work based learning employer in compliance with this article.
Added by 2016 Ga. Laws 356,§ 4, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 10 - LABOR POOLS (§§ 34-10-1 — 34-10-6) › Section 34-10-1 - Definitions

As used in this chapter, the term:
(1)
"Hazardous chemical" means any chemical, which is a physical hazard or a health hazard, as those terms are defined in Code Section
45-22-2
.
(2)
"Labor pool" means a business entity which operates by:
(A)
Contracting with other entities or persons to supply them with temporary employees for short-term assignments of casual labor;
(B)
Hiring persons to fulfill these contracts for short-term assignments of casual labor; and
(C)
Employing each individual employee no longer than the time period required to complete the assignment for which that individual employee was hired, although an individual may be eligible for rehire when additional temporary assignments are available.
A business entity which fulfills any contracts in accordance with this paragraph is a labor pool, even if the entity also conducts other business.
(3)
"Labor pool" does not include a temporary help service that requires advanced applications, job interviews and references.
(4)
"Short-term assignment of casual labor" means a work assignment for a term of 40 hours or less involving work for which neither entity nor person contracting or arranging for temporary employees requires any of the following from such employees:
(A)
A professional or occupational license which requires for its issuance a demonstration of knowledge or proficiency and which is issued by the State of Georgia or a political subdivision of the state;
(B)
A high school diploma or its equivalent;
(C)
Education beyond high school;
(D)
Vocational education;
(E)
Demonstrated proficiency with a specified type of machinery; or
(F)
Training before the assignment or on the job which exceeds one hour.
This paragraph shall not be construed as prohibiting or limiting the placement of a skilled employee on a short-term assignment of casual labor as long as such skill or education is not a requirement of the assignment.
(5)
"Work-site employer" means any business entity or employing unit with which a labor pool contracts or otherwise agrees to furnish temporary workers for short-term assignments of casual labor.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 10 - LABOR POOLS (§§ 34-10-1 — 34-10-6) › Section 34-10-2 - Prohibited acts or practices

A labor pool or work-site employer shall be prohibited from engaging in any of the following acts or practices:
(1)
Charging a temporary employee a rental fee or any other type of fee for supplying any type of equipment to be used by the temporary employee in performing a work assignment;
(2)
Charging a temporary employee a transportation fee for the transporting of such employee from the business premises of the labor pool or other point of embarkation to or from a work assignment;
(3)
Failing to inform a person who is to be placed on a work assignment involving exposure to hazardous chemicals that such assignment involves the exposure of such person to hazardous chemicals and failing to obtain such person's consent on the form described in Code Section
34-10-3
;
(4)
Failing to provide a pay stub or register to the temporary employee to indicate the number of hours worked, the rate of pay, and any deduction therefrom; or
(5)
Paying a temporary employee in any medium other than cash or check; provided, however, that any check must be redeemable at full value.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 10 - LABOR POOLS (§§ 34-10-1 — 34-10-6) › Section 34-10-3 - Consent form for exposure to hazardous chemicals; enforcement of chapter

(a)
The Department of Labor shall promulgate by rule or regulation the language and format of a consent form to be provided and used by a labor pool to inform persons that a work assignment involves the exposure to hazardous chemicals and to obtain such person's consent as required in paragraph (3) of Code Section
34-10-2
.
(b)
The Commissioner of Labor shall have the power and authority to adopt or rescind such rules or regulations and to employ such persons, make such expenditures, require such reports, make such investigations, and take such other action as deemed necessary or suitable to effectuate and enforce the provisions of this chapter.
(c)
Any labor pool or work-site employer which is found by the department, after notice and an opportunity for a hearing, to have willfully violated any provision of this chapter shall be subject to an administrative fine not to exceed $1,000.00 for each separate violation. Each day during which any such violation occurs shall constitute a separate violation.
(d)
Any determination by the department that a labor pool or work-site employer has willfully violated any provision of this chapter shall be subject to appeal. Any hearing conducted pursuant to this Code section shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 10 - LABOR POOLS (§§ 34-10-1 — 34-10-6) › Section 34-10-4 - Penalties for violation of chapter

(a)
Any person convicted of a violation of paragraph (1), (2), (4), or (5) of Code Section
34-10-2
shall be guilty of a misdemeanor and shall be punished as provided in Code Section
17-10-3
, relating to punishment for misdemeanor offenses.
(b)
Any person convicted of a violation of paragraph (3) of Code Section
34-10-2
shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by imprisonment for a term not to exceed 12 months or a fine of not less than $1,000.00 or more than $5,000.00, or both.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 10 - LABOR POOLS (§§ 34-10-1 — 34-10-6) › Section 34-10-5 - Civil action authorized

Any person damaged by a violation of Code Section
34-10-2
shall have the right to bring a civil action in a court of competent jurisdiction against the person or persons responsible for such violation. In any action commenced pursuant to this Code section, the plaintiff shall be entitled to recover actual damages, reasonable attorneys' fees, costs of litigation, and punitive damages where appropriate.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 10 - LABOR POOLS (§§ 34-10-1 — 34-10-6) › Section 34-10-6 - Compliance with other state or federal laws

Nothing in this chapter shall be construed to relieve any business entity or employing unit which is subject to any of the provisions of this chapter from the responsibility of said business entity or employing unit to comply with any other provision of state or federal law, including, but not specifically limited to, the federal Occupational Safety and Health Act or with any county or municipal law, rule, or ordinance which is not in direct conflict with any provision of this chapter.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 11 - [Transferred and Reserved] REGULATION OF BOILERS AND PRESSURE VESSELS (§ 34-11-1) › Section 34-11-1 - through 34-11-22 - [Transferred and Reserved]

Chapter transferred and reserved by 2012 Ga. Laws 755,§ 5, eff. 5/2/2012. See, now, § 25-15-10 et seq.
Amended by 2010 Ga. Laws 615,§ 10, eff. 6/3/2010.
Amended by 2001 Ga. Laws 280, § 11 - 17, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 12 - [Transferred and Reserved] AMUSEMENT RIDE SAFETY (§ 34-12-1) › Section 34-12-1 - through 34-12-21 - [Transferred and Reserved]

Chapter transferred and reserved by 2012 Ga. Laws 755,§ 5, eff. 5/2/2012. See, now, § 25-15-50 et seq.
34-12-4 repealed and reserved by 2001 Ga. Laws 280, § 19 - 21, eff. 7/1/2001.
Amended by 2001 Ga. Laws 280, § 18, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 13 - [Transferred and Reserved] CARNIVAL RIDE SAFETY (§ 34-13-1) › Section 34-13-1 - through 34-13-23 - [Transferred and Reserved]

Chapter transferred and reserved by 2012 Ga. Laws 755,§ 5, eff. 5/2/2012. See, now, § 25-15-80 et seq.
34-13-4 repealed and reserved by 2001 Ga. Laws 280, § 23, eff. 7/1/2001.
Amended by 2001 Ga. Laws 280, § 22 - 25, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 14 - STATE WORKFORCE DEVELOPMENT BOARD (§§ 34-14-1 — 34-14-3) › Section 34-14-1 - Creation of State Workforce Development Board; federal composition requirements; meetings; promulgation of rules and regulations authorized; administration of programs

(a)
(1)
Pursuant to Public Law 105-220 and any subsequent amendment to such law, the State Workforce Development Board is hereby created.
(2)
The State Workforce Development Board shall meet federal composition requirements. The Lieutenant Governor and the Speaker of the House of Representatives shall each have the authority to appoint members as federal law allows. The Governor shall be responsible for selecting the remainder of the members.
(3)
The State Workforce Development Board's members' terms of service shall be established by the Governor and shall be at the discretion of the appointing authority.
(4)
The State Workforce Development Board shall have powers and duties as specified by the Governor and as provided for in federal law.
(5)
The State Workforce Development Board shall be authorized to establish, alter, or amend local workforce development areas in this state and shall be authorized to promulgate rules implementing and governing such local workforce development areas that are compliant with federal law.
(6)
The State Workforce Development Board shall meet quarterly or when otherwise requested by the chairperson and shall be governed by a set of bylaws which shall be voted on and approved by the State Workforce Development Board.
(7)
The State Workforce Development Board shall be funded by federal law.
(8)
The State Workforce Development Board shall be authorized to promulgate rules and regulations for purposes of implementing the state's workforce policy that are compliant with federal law.
(b)
(1)
The Technical College System of Georgia is designated as the administrator of all programs for which the state is responsible pursuant to Public Law 105-220 and any subsequent amendment to such law.
(2)
The Technical College System of Georgia shall administer such programs and their associated funds pursuant to the policies and methods of implementation which are promulgated by the State Workforce Development Board and the Governor.
Added by 2018 Ga. Laws 289,§ 2, eff. 7/1/2018.
Former §§ 34-14-1 to 34-14-28, relating to the Georgis Workforce Investment Board, was repealed by 2015 Ga. Laws 186,§ 1, eff. 7/1/2015.
Former § 34-14-1, relating to the Governor's Employment and Training Council, was repealed by 2010 Ga. Laws 361,§ 1, eff. 5/20/2010.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 14 - STATE WORKFORCE DEVELOPMENT BOARD (§§ 34-14-1 — 34-14-3) › Section 34-14-2 - Authorization to develop and facilitate state workforce programs; enforcement

(a)
The State Workforce Development Board is hereby authorized to develop and facilitate the workforce programs in this state. A local workforce development area's chief local elected official may designate a local fiscal agent or a grant recipient which shall be either a municipal government, county government, consolidated government, or regional commission located within the physical boundaries of the local workforce development area and who shall be approved by the State Workforce Development Board in a procedure established through rule.
(b)
The State Workforce Development Board may enforce the provisions of this chapter and the applicable federal law if the provisions of either are violated.
Added by 2018 Ga. Laws 289,§ 2, eff. 7/1/2018.
Former §§ 34-14-1 to 34-14-28, relating to the Georgis Workforce Investment Board, was repealed by 2015 Ga. Laws 186,§ 1, eff. 7/1/2015.
Former § 34-14-2, relating to the Governor's Employment and Training Council, was repealed by 2010 Ga. Laws 361,§ 1, eff. 5/20/2010.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 14 - STATE WORKFORCE DEVELOPMENT BOARD (§§ 34-14-1 — 34-14-3) › Section 34-14-3 - [High-demand Career List]

(a)
The State Workforce Development Board shall develop and approve a High-demand Career List that shall identify those careers most critical to the state's current and future workforce needs. The State Workforce Development Board, in consultation with the Office of Workforce Development, shall assess current labor market information and other employment data sources and determine which careers merit inclusion on such list, regionally or state wide, and shall implement a data-driven process to assess present and future growing and declining industries, occupations, skills, and credentials. The High-demand Career List shall:
(1)
Include the skills, certificates, licenses, diplomas, degrees, or other credentials of value required by employers for the high-demand careers included on the list; and
(2)
Be published annually on or before December 31 on the State Workforce Development Board's public website.
(b)
All state agencies and political subdivisions of the state, including local school systems, shall utilize the High-demand Career List to inform their use of federal and state funding for secondary, postsecondary, and adult education programs that lead to certificates, licenses, diplomas, degrees, or other credentials of value in careers on the list to ensure alignment with such list and effective use of funding by such entities.
Added by 2024 Ga. Laws 554,§ 1-1, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 14 - STATE WORKFORCE DEVELOPMENT BOARD (§§ 34-14-1 — 34-14-3) › Section 34-14-3 - et seq - [Repealed and Reserved]

Repealed and reserved by 2015 Ga. Laws 186,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 15 - RESERVED (§§ 34-15-1 — 34-15-40) › Article 1 - GENERAL PROVISIONS (§ 34-15-1) › Section 34-15-1 - through 34-15-20 - Redesignated

This Chapter has been redesignated as Title 49, Chapter 9 and Reserved by 2012 Ga. Laws 608,§§ 1, 2, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 15 - RESERVED (§§ 34-15-1 — 34-15-40) › Article 2 - VENDING FACILITIES ON STATE PROPERTY (§ 34-15-40) › Section 34-15-40 - through 34-15-42 - Redesignated

This Chapter has been redesignated as Title 49, Chapter 9 and Reserved by 2012 Ga. Laws 608,§§ 1, 2, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 1 - GENERAL PROVISIONS (§§ 35-1-1 — 35-1-23) › Section 35-1-1 - Definitions

As used in this title, the term:
(1)
"Board" means the Board of Public Safety.
(2)
"Commissioner" means the commissioner of public safety.
(3)
"Department" means the Department of Public Safety.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 1 - GENERAL PROVISIONS (§§ 35-1-1 — 35-1-23) › Section 35-1-3 - Subsistence allowance for law enforcement officers

(a)
The governing authorities of the several counties, municipal corporations, and other political subdivisions of this state are authorized to designate and set apart a portion of the compensation, whether payable on a salary or fee basis, to sheriffs, deputy sheriffs, patrolmen, policemen, and other law enforcement officers, as a subsistence allowance, which allowance shall not exceed $5.00 for each day actually spent by such sheriff or other law enforcement officer in the performance of his duties.
(b)
Nothing in this Code section shall affect any pension system which was being operated by any county, municipal corporation, or political subdivision of this state on March 9, 1956, nor shall this Code section affect any rights of any person under any pension system which was being operated by any county, municipal corporation, or political subdivision on March 9, 1956.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 1 - GENERAL PROVISIONS (§§ 35-1-1 — 35-1-23) › Section 35-1-5 - Unauthorized use of wavelength of radio system adopted by department or Georgia Bureau of Investigation

(a)
It shall be a misdemeanor for any person, firm, or corporation to use the same wavelength of the radio system adopted by the department without the prior written authorization of the commissioner or to do any act interfering with the proper receipt or transmission of information relating to the department or any division thereof.
(b)
It shall be a misdemeanor for any person, firm, or corporation to use the same wavelength of the radio system adopted by the Georgia Bureau of Investigation without the prior written authorization of the director or to do any act interfering with the proper receipt or transmission of information relating to the Georgia Bureau of Investigation.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 1 - GENERAL PROVISIONS (§§ 35-1-1 — 35-1-23) › Section 35-1-6 - Appointment of nonuniformed investigators; salaries; status; assignment; powers

(a)
The commissioner is authorized to appoint five nonuniformed investigators who shall be certified peace officers pursuant to Chapter 8 of this title, the "Georgia Peace Officer Standards and Training Act." The commissioner shall determine the salaries of such investigators. The investigators shall be in the unclassified service as defined by Code Section
45-20-2
and therefore shall not be governed by any rules of position, classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure, or other such matters concerning their employment as may now or hereafter be established by the State Personnel Board or any successor boards or agencies. The investigators shall be assigned to the Internal Affairs Section of the Department of Public Safety in the office of the commissioner at the department's headquarters complex.
(b)
The investigators shall have full arrest powers in cases involving internal affairs and in such cases shall be authorized:
(1)
To investigate crimes committed anywhere in the state;
(2)
To arrest any person violating the criminal laws of this state;
(3)
To serve and execute warrants after notifying the law enforcement agency of the local jurisdiction of the intent to serve such warrant or warrants;
(4)
To enforce in general the criminal laws of this state; and
(5)
To carry firearms while performing their duties.
Amended by 2012 Ga. Laws 630,§ 2-46, eff. 7/1/2012.
Amended by 2009 Ga. Laws 155,§ 2, eff. 5/5/2009.
Amended by 2009 Ga. Laws 155,§ 1, eff. 5/5/2009.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 1 - GENERAL PROVISIONS (§§ 35-1-1 — 35-1-23) › Section 35-1-7 - Liability of law enforcement officers performing duties at the scene of an emergency

(a)
As used in this Code section, the term:
(1)
"Emergency" means an occurrence involving, or appearing to involve, a clear and imminent danger or threat to life, health, or property, including, but not limited to, the rescuing of a person or pet from a locked vehicle when such person or pet remaining within such vehicle presents a clear and imminent danger to such person's or pet's life or health.
(2)
"Law enforcement officer" means any peace officer who is employed by this state or any political subdivision thereof and who is required by the terms of his or her employment, whether by election or appointment, to give his or her full time to the preservation of public order or the protection of life and property or the prevention of crime. Such term shall include sheriffs and deputy sheriffs.
(3)
"Pet" means any domesticated animal normally maintained in or near the household of its owner.
(b)
A law enforcement officer shall not be liable at law for any action or actions done while performing any duty at the scene of an emergency except for gross negligence, willful or wanton misconduct, or malfeasance.
Amended by 2019 Ga. Laws 66,§ 1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 1 - GENERAL PROVISIONS (§§ 35-1-1 — 35-1-23) › Section 35-1-8 - Acquisition, collection, classification, and preservation of information assisting in identifying deceased persons and locating missing persons

(a)
It shall be the duty of every law enforcement agency to:
(1)
Acquire, collect, classify, and preserve any information which would assist in the identification of any deceased individual who has not been identified after the discovery of such deceased individual;
(2)
Acquire, collect, classify, and preserve immediately any information which would assist in the location of any missing person, including any minor, and provide confirmation as to any entry for such a person to the parent, legal guardian, or next of kin of that person and the agency shall acquire, collect, classify, and preserve such information from such parent, guardian, or next of kin;
(3)
Exchange such records and information as provided in paragraphs (1) and (2) of this subsection with other law enforcement agencies of this state, any other state, or the United States. With respect to missing minors, such information shall be transmitted immediately to other law enforcement agencies; and
(4)
Report any case of an unusual illness, health condition, or death, or an unusual cluster of such events, or any other suspicious health related event to the Department of Public Health and the appropriate county board of health.
(b)
(1)
For purposes of this subsection, "facility" means a facility pursuant to Chapter 3, 4, or 7 of Title 37, relating to treatment of mentally ill, developmentally disabled, and alcoholic or drug dependent persons, or an institution classified as a nursing home pursuant to Code Section
31-7-1
.
(2)
A person hospitalized or resident in a facility shall be considered to be a missing person at the time such person's unaccounted for absence from that facility is reported by that facility, either by telephone or in writing, to a law enforcement agency.
(c)
Any law enforcement agency which receives a report that a person who has Alzheimer's disease or other mental illness involving dementia is missing shall immediately open an investigation for the purpose of determining such person's whereabouts; and no policy for applying any waiting period prior to initiation of a missing persons investigation shall apply in the case of a person who has Alzheimer's disease or other mental illnesses involving dementia.
Amended by 2011 Ga. Laws 244,§ 6-3, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 3-5, eff. 7/1/2009.
Amended by 2009 Ga. Laws 102,§ 1-4, eff. 7/1/2009.
Amended by 2002 Ga. Laws 973, § 10, eff. 5/16/2002.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 1 - GENERAL PROVISIONS (§§ 35-1-1 — 35-1-23) › Section 35-1-9 - Utilization of alarm verification required

(a)
As used in this Code section, the term:
(1)
"Alarm monitoring company" means any person, company, corporation, partnership, business, or a representative or agency thereof authorized to provide alarm monitoring services for burglar alarm systems, fire alarm systems, or other similar electronic security systems whether such systems are maintained on commercial business property, public property, or individual residential property.
(2)
"Alarm verification" means a reasonable attempt by an alarm monitoring company to contact the alarm site or alarm user, by telephone or other electronic means, to determine whether a burglar alarm signal is valid prior to requesting law enforcement to be dispatched to the location and, where the initial attempted contact cannot be made, a second reasonable attempt to make such contact utilizing a different telephone number or electronic address or number.
(b)
Except as provided in subsection (c) of this Code section, an alarm monitoring company shall utilize a system providing for alarm verification of all alarm signals.
(c)
Alarm verification shall not be required in the case of a fire alarm or a panic or robbery-in-progress alarm or in cases where a crime-in-progress has been verified to be true by video or audible means.
Added by 2013 Ga. Laws 235,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 1 - GENERAL PROVISIONS (§§ 35-1-1 — 35-1-23) › Section 35-1-10 - Training in investigation of family violence incidents

(a)
The Georgia Peace Officer Standards and Training Council and the Georgia Public Safety Training Center shall establish guidelines and procedures for the incorporation of training materials and information in:
(1)
Methods for identifying, combating, and reporting family violence incidents; and
(2)
Methods for identifying and reporting sexual offenses and assisting victims of sexual offenses.
(b)
The guidelines and procedures listed in subsection (a) of this Code section shall be for use by law enforcement training centers monitored by the Georgia Peace Officer Standards and Training Council and monitored and funded by the Georgia Public Safety Training Center in all courses for which they have responsibility and oversight.
Amended by 2004 Ga. Laws 780, § 1, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 1 - GENERAL PROVISIONS (§§ 35-1-1 — 35-1-23) › Section 35-1-11 - Police volunteers for traffic control; training required

An elected sheriff or police chief of a local law enforcement agency or fire chief of a local fire department, with the approval of the local governing authority, shall be authorized to designate, equip, and train nonsworn law enforcement employees and firefighters and volunteers to assist in traffic control, provided that such individuals have successfully completed at least one hour of a traffic control training program approved by the Georgia Peace Officer Standards and Training Council. With the approval of the sheriff or police chief of a local law enforcement agency or fire chief of a local fire department, such individuals shall be authorized to direct and regulate the flow of traffic. Any such individual who is not certified pursuant to the requirements of Chapter 8 of this title shall not have the power of arrest provided to peace officers.
Amended by 2019 Ga. Laws 71,§ 2-2, eff. 7/1/2019.