State: Tennessee
Statute of Order: Tenn. Code Ann. §41-1-122
Covered Employers: State Dept. of Corrections.
Applicant Testing: Applicant testing not subject to restriction.
Employee Testing: Testing of Corrections Department employees authorized if there is reasonable suspicion of substance abuse. Employees who test positive subject to appropriate disciplinary action, but counseling and rehabilitation must be offered.
Conditions & Methods: Circulation to employee of a written summary of facts forming basis for suspicion and opportunity for explanation, plus confirmation of positive findings.
Pass Drug Testing Bulletpoints:
  • Workplace drugs or alcohol testing programs are subject to applicable provisions of collective bargaining agreements and federal rules and requirements.
  • Generally, testing of employees for the unwarranted presence of alcohol may be performed only on the basis of reasonable suspicion. The only exception is for employees holding safety-sensitive positions, wherein employers are authorized to conduct alcohol testing at any occasion.
  • For Tennessee employers a minimum of 5% credit may be awarded on workers’ compensation insurance for drug-free workplace programs that comply with the rules of the division of workers’ compensation.
  • Injury or death due to intoxication or illegal use of drugs constitutes willful misconduct for which no compensation shall be allowed as per workers’ compensation regulations. An employee’s refusal to submit to a drug test gives rise to the presumption that the injury was caused by the use of drugs.
  • Other than applicant testing upon conditional offer of employment, alcohol or drug tests that may be required by the employer for a compliant drug-free workplace program include reasonable suspicion, routine fitness-for-duty, follow-up and post-accident tests.
  • 10 Things to Know To Pass A Drug Test In Tennessee

    1) A Brief Overview

    The state of Tennessee is a hybrid state wherein a few jobs require strict testing while others do not. Child care drivers and state contractors need to be tested on a regular basis. In case an employer volunteers to participate in a state incentive program, he/she needs to conduct medical tests as per the law.

    2) The Policy

    A written policy is a perquisite and it contains the following points.
    # The type of drug and alcohol testing.
    # The consequences if the employee tests positive
    # A statement which entitles an employee to know more about this.
    # The procedures, consequences and random sampling.

    3) The Notice

    There is no need for a written notice and the employee can conduct the test as and when he/she likes. In case he/she is participating in the voluntary drug free workplace program, the need for a written policy is considered a perquisite. Thee DFWP states that the employer needs to give a sixty day notice to his/her employees before conducting the test.

    4) The Costs Involved

    In the case of a medical test, which includes drug or alcohol testing, the costs need to be bourn by the employer. In the case of the voluntary DFWP, the costs need to be bourn by the employer again.

    5) The Consequences Attached

    As such there are no consequences attached for those who fall under the category of willful testing but those who choose to opt for the DFWP program need to understand that if an employee is injured due to his own neglect, the chances of his/her worker’s compensation being cancelled are rather high.

    6) Who All Are Eligible

    Although there is no and fast eligibility criteria in the state of Tennessee, it needs to be noted that employees who are engaged in hazardous professions such as works contractors and child care transportation workers need to follow the DFWP laws.

    7) The DOT Rules

    The voluntary drug free workplace testing requires the employers to follow the basic DOT rules. According to the rules, marijuana, cocaine, amphetamines, opiates and PCP are to be tested on a mandatory basis. In case the employer is not following the drug free program, he/she is free to do what he/she likes.

    8) The Applicants

    After a conditional offer of employment, the employers must ask the employees to enroll for a drug free testing program. In case the employee is tested positive, the employer has the discretion of removing him/her from the assigned post.

    9) Routine Fitness For Duty

    As a part of the routine fitness programs, the employers are asked to undergo regular fitness program. Programs mandated by the government agencies, volunteer employee health screenings and employee wellness programs can be exempted from this routine.

    10) Collective Bargains Agreement

    According to voluntary DFWP program, “the application of the provisions of this chapter is subjected to the provisions of any applicable collective bargaining agreement.

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