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Tennessee Drug Testing Laws and Regulations

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.
Important 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.
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    Material on these pages (state drug testing laws and drug testing regulations) is provided for informational purposes only and does not constitute legal, medical or technical advice. This drug testing related information is not intended as substitute for obtaining legal advice from attorney, or a relevant medical technical or financial professional. TestCountry is not a law firm or a legal agency, therefore cannot guarantee the accuracy of this content. Drug testing laws are collected from legal and/or state sources, and it may or may not be valid by the time you are viewing it. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Global Business Support System Inc. DBA TestCountry.

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