Tennessee Drug Testing Laws

The specific statute governing the Tennessee Drug-Free Workplace Program is Tennessee Code Annotated §§ 50-6-1101 to 50-6-1108. This legislative act sets out the requirements for Tennessee employers who wish to qualify for a premium reduction incentive on their workers' compensation insurance. The program mandates certain drug testing procedures, requirements, and other provisions to ensure a drug-free workplace. Detailed information regarding these regulations can be accessed here.

If you wish to access the specific details of the statute, you can find them on the official Tennessee State Legislature website.

Marijuana in Tennessee: Neither medical nor recreational marijuana is legal in Tennessee.

Instant or POCT Testing	Allowed with restrictions	Positive results must undergo confirmatory tests.
Drug Panels	Specified by law	The state outlines specific drugs for testing.
Laboratory	SAMHSA-certified labs required	To ensure test accuracy and credibility.
Medical Review Officer (MRO)	Required	For reviewing positive test results.
Random Testing	Allowed for safety-sensitive positions	General employees can't be tested without a reason.
Post-Accident	Allowed with reasonable suspicion	Testing is permissible if there's suspicion of impairment.
Reasonable Suspicion	Allowed	Based on observations or reports.
Oral Fluids	Not Specified	Tennessee laws don't provide clear guidance on this.
Hair Testing	Allowed with restrictions	State-set criteria must be met.
Unemployment Denial	Yes	Drug violation-related termination can lead to denial.
Workers Comp Discount	Yes	Employers with a Drug-Free Workplace Program may qualify.
Intoxication Defense	Allowed	Claims can be denied if drugs/alcohol are a causative factor.
Medical Marijuana	No	Not legalized in Tennessee.
Recreational Marijuana	No	Also, not legalized in Tennessee.
Report Driver DOT Positives	Follow federal guidelines	Federal DOT regulations are paramount.
General Statute	Tennessee Drug-Free Workplace Program

Remember, it's always crucial for employers and interested parties to consult with a legal professional for a thorough understanding and to get the most up-to-date information on the regulations.

Answered by: Andrew David Easler, Esq.
Published: 12/06/2022
Updated: 11/03/2023

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