Workplace drug testing issues – State Laws – Tennessee
These categories do not affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
This chart is based on the provisions of the Tennessee voluntary law for a Drug-Free Workplace – TCA 50-6-418, 50-9-100 et. seq., and 50-6-110.
For the voluntary Tennessee drug-free workplace law, instant drug testing or POCT testing is prohibited.
Workplace Drug Testing Laws in Tennessee
|Drug Testing Issue||Status||Comments|
|Instant or POCT Testing||Restricted||DOT-like procedures are required.|
|Drug Panels||Restricted||DOT-like procedures are 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|
Intoxication Defense – Denial of Workers Compensation Claim – In Tennessee, If an employee is injured at work and later fails a post-accident drug/alcohol test, it is presumed that the drugs or alcohol were the proximate cause of the injury. Workers’ Compensation benefits can be denied until the injured employee overcomes that presumption. The legislation was passed in 2011 that increased the standard of proof required by an injured worker to overcome the presumption from a preponderance of evidence to clear and convincing evidence. This change makes it even more difficult for employees impaired by alcohol or other drugs while at work to qualify for workers’ compensation benefits.
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law vary greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow.