Tennessee Drug Testing Laws and Regulations
|Statute of Order:
||Tenn. Code Ann. §41-1-122
||State Dept. of Corrections.
| Applicant Testing:
|| Applicant testing is not subject to restriction. A positive drug test or refusal of an applicant to undergo drug testing is a ground for not hiring said job applicant.
| Employee Testing:
|| Testing of Corrections Department employees is authorized if there is reasonable suspicion of substance abuse. Employees who test positive are 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.
- 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. This includes reasonable suspicion, routine fitness-for-duty, follow-up and post-accident tests.
- Employers who want to qualify as a drug-free workplace are required to test employees who are: in safety-sensitive positions; figure in a workplace accident resulting in injury; undergone a drug rehabilitation program; currently employed with the drug test a routine physical examination.
- Employees who test positive have the right to explain their positive drug test result.
- An employer has no right to discipline, discharge, discriminate, request for rehabilitation or refuse to hire an employee or job applicant who test positive on a drug test unless the initial test has been verified or confirmed by an authorized medical review officer.
| Medical Marijuana Law:
|| There is no legislation regarding the use of medical marijuana in the state of Tennessee. In 2012, Rep. Jeanne Richardson sponsored a medical marijuana bill and was actually given a hearing in the House Health and Human Resources Committee. However, the bill was not passed. This year (2013) Tennessee lawmakers did not take action on the legislation of medical marijuana to protect patients with debilitating illnesses who have been given permission by their physician to undergo marijuana therapy.
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