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Tennessee - STATE LAWS

Coming Soon, State Laws for Workplace Drug Testing

Regulations for workplace drug testing are very important to maintain an effective and legal drug free workplace program. It is particularly important to pay attention to individual state laws regarding employer drug testing programs. Employers need to be concerned about limiting exposure to liability in a drug testing program.

A good drug testing program will go a long way toward addressing safety, OSHA compliance, ADA Compliance, performance and workers’ comp issues; having the right company policies, education programs and insurance coverage will go the extra step to protect you against potential lawsuits and financial liability. Many states have different laws regarding drug testing, check back to view the guidelines for drug testing in your state.

Workplace Drug Testing Laws in Tennessee

Instant or POCT Testing

Restricted

DOT like procedures required.

Drug Panels

Restricted

DOT like procedures required. SAMHSA 5 panel drug test unless Commissioner of Labor and Workforce Development adds additional drugs.

Laboratory

Certification Required

CAP or SAMHSA certification.

Medical Review Officer

Required

Required for both positive and negative results

Random Testing

No restrictions

Post-Accident

No restrictions

Reasonable Suspicion

No restrictions

Oral Fluids

No restrictions

No mention in law

Hair Testing

No restrictions

No mention in law

Unemployment Denial

Yes

Discharge or discipline of an employee, or refusing to hire a job applicant, who is found to be in violation of the covered employer’s Drug-Free Workplace Program will be considered done for cause.

Workers Comp Discount

Yes

§50-9-101 - Provides 5 percent discount on premiums to employers who establish a drug-free workplace program.

Intoxication Defense

Yes

T.C.A. § 50-6-110(c)(1) – no compensation for the employee’s intoxication or illegal drug usage.

Medical Marijuana

Limited

Licensed physicians can recommend cannabis oil that contains less than 0.9% THC, but only to treat severe seizure disorders.

Recreational Marijuana

No

Report Driver DOT Positives

No

General Statute

Tennessee has a drug free workplace program T.C.A. Section 50-9-101. Drug and alcohol abuse is discouraged and that employees who choose to engage in drug or alcohol abuse face the risk of unemployment and the forfeiture of worker’s compensation benefits.