Tennessee Drug Testing Laws 2024

Tennessee Drug Testing Laws 2024

Several laws govern workplace drug testing in Tennessee. The state’s primary drug testing legislation, Title 50, Chapter 9 of the Tennessee Code, incorporates drug testing regulations from the United States Department of Transportation. This legislation empowered the state’s Commissioner of Labor and Workforce Development to adopt drug testing rules, which resulted in the establishment of the Drug-Free Workplace Program Rules. Participation in the state’s drug-free workplace program is voluntary. However, employers who opt to participate must comply with all the program rules.

State law requires such employers to conduct workplace drug tests in accordance with their written workplace drug policies. Generally, employees are prohibited from having drugs in their system while at work, regardless of whether the drug use occurred off duty or not. While Tennessee law on drug testing is applicable at both state and local levels, some federal legislation also modifies aspects of drug testing policies in the state. Notably, the Americans with Disabilities Act (ADA) addresses issues of discrimination and disability that may arise as a result of drug testing.

What Kinds of Drug Tests Can Employers Conduct in Tennessee?

Tennessee employers can test for substances mentioned under regulations of the Department of Transportation and those stipulated by the state’s Commissioner of Labor and Workforce Development. Currently, employers can test for several drugs, including marijuana, cocaine, heroin, phencyclidine, amphetamine, codeine, hydrocodone, and oxycodone. Employers can request any specimen to test for the presence of these drugs, including urine, hair, saliva, and sweat.

Tennessee law empowers employers to conduct different types of workplace drug tests. However, the law makes the following test types mandatory for all covered employers:

• Pre-employment Test: Applicants must be tested after being offered conditional employment. Sometimes, an employer may only test some applicants based on a reasonable classification, such as employees who perform sensitive tasks
• Reasonable-Suspicion Test: This kind of test is conducted if an employee shows symptoms of being under the influence of drugs in the workplace
• Routine Fitness-For-Duty Drug Test: Employers must conduct routine fitness-for-duty drug tests if it is included in their written policies. Such a test may be a routine for a category of employees or part of a routine examination for all employees
• Follow-Up Drug Test: This test is conducted for employees who are enrolled in an employee assistance program for drug-related problems or a drug rehabilitation program to follow up on their progress
• Post-Accident Test: This kind of test is conducted following a workplace accident to determine whether it was caused by an employee’s use of prohibited drugs.

Can Employers Do Random Drug Testing in Tennessee?

Tennessee employers can conduct random drug testing on their employees. Title 50, Chapter 9, Section 106 of the Tennessee Code, allows employers to conduct other types of drug testing in addition to those stipulated in the law as they see fit. As a result, employers may at any point require any employee or group of employees to submit to random drug testing. However, the selection method must not be based on any discriminatory grounds. Also, it must be included in the employer’s written policy. An employer must also notify their employees of any written policy on drug testing at least 60 days before implementing the policy.

What Happens if You Fail a Drug Test in Tennessee for a Job?

Tennessee employers can discipline employees who fail workplace drug tests. Potential penalties include dismissal, suspension without pay, and a compulsory drug rehabilitation program. Individuals dismissed for failing a drug test also risk losing out on workers’ compensation medical and indemnity benefits.

Nevertheless, it is prohibited for an employer to discharge or discipline an employee based on a positive test result without verifying it through a confirmation test and review by a medical officer. Also, in instances where drug testing is prompted by reasonable suspicion, the employer is required to document the circumstances behind the suspicion. Furthermore, in the event of a positive test, the employee can contest or explain the result to the medical review officer within five working days of receiving written notification of the test result. If the medical review officer finds the employee’s explanation unsatisfactory, the employee may still challenge the drug test result by filing a Petition for Benefit Determination (PBD).

Can I Be Fired for Refusing a Drug Test in Tennessee?

An employee can be fired or disciplined for refusing a workplace drug test in Tennessee. However, an employer’s written policy must contain the consequences of refusing to submit to the test. Furthermore, an injured employee who refuses to submit to a drug test may become ineligible for workers’ compensation medical and indemnity benefits.

Employees dismissed for refusing drug tests in Tennessee have the right to challenge the decision if proper procedures are not followed. For example, being asked to provide a urine sample in public is grounds to refuse a drug test and contest any employment action an employer takes afterward.

Can You Get Fired for Failing a Drug Test with a Medical Card in Tennessee?

Marijuana remains illegal in Tennessee, and the state does not issue medical marijuana cards. However, SB 118 allows patients with certain conditions to use CBD oil containing less than 0.9% THC. It is important to note that using such products may lead to a positive drug test. In such cases, employees have the right to explain their prescription medication to a medical officer under the state's drug testing law. Furthermore, the Americans with Disabilities Act (ADA) protects employees taking medication for a disability as long as they do not use them on the workplace premises.

Can Employers Conduct Drug Tests on Applicants in Tennessee?

Tennessee law does not restrict employers from requiring applicants to submit to drug tests at any hiring stage. However, applicants must be notified of the possibility of conducting drug tests on vacancy announcements. Additionally, an employer must post its written policy on drug testing in an appropriate and conspicuous place on its premises. Copies of the policy must also be made available to job applicants beforehand. A covered employer has the right to refuse to hire any applicant who refuses to take a drug test or fails it.

Is Pre-Employment Drug Testing Allowed in Tennessee?

Conducting pre-employment drug testing is compulsory for employers participating in the Tennessee Drug-Free Workplace Program. Hence, covered employers must test job applicants after extending conditional offers of employment. Tennessee pre-employment drug testing laws also allow for limited testing of applicants based on a reasonable classification of employees. For example, an employer may decide only to test job applicants for safety-sensitive positions.

Does Tennessee Allow Public Agencies to Submit Employees to Workplace Drug Tests?

Public agencies in Tennessee can participate in the state’s drug-free workplace program. However, they must ensure that their workplace drug testing procedures do not violate any constitutional provisions. Tennessee law also provides some limitations on testing for public employees. For example, public employers cannot conduct periodic tests unless on certain employees, including police officers, those authorized to carry firearms, and those who work directly with inmates.

Several government entities in Tennessee have drug-free workplace policies. For example, Title 41, Chapter 1, Part 1, Section 41-1-122 of the state’s code establishes drug testing for security personnel employed by the Department of Correction. Likewise, the law requires employers that contract with the state or local government to have a drug-free workplace program.

Can Employers Choose to Create Drug-Free Workplace Policies?

Having a drug-free workplace policy is voluntary for most employers in Tennessee, except for those under a contract with a government entity. As such, employers may decide not to require drug tests for their employees and job applicants. Those who participate in the state’s drug-free workplace program enjoy certain benefits, including insurance discounts.

Covered employers must adhere to provisions of the state’s law in creating their drug-free workplace policies. A valid drug-free workplace policy in Tennessee must contain the following information:

• The types of drug tests an employee or job applicant may be subjected to
• Procedure to confidentially report the use of prescription or non-prescription medications to a medical review officer
• The right to contest or explain a positive drug test result
• The drugs the employer may test for
• Applicable collective bargaining agreement and the right to appeal in court
• Right to consult with a medical review officer for technical information on prescription or non-prescription medication
• The consequences of refusing to submit to a drug test

Before implementing their drug-free workplace policy, an employer must notify employees of the adoption of the policy.

Employees Exempted From Tennessee Workplace Drug Testing Laws

Tennessee workplace drug testing law does not apply to all classes of employees in the state. Federal employees are generally not within the scope of the state’s drug testing law. Employees required to have a commercial driver’s license (CDL) are also not covered.

What are the Requirements for Drug Testing Labs in Tennessee?

Tennessee employers must contract certified laboratories to conduct workplace drug tests. Such labs may be certified by the United States Department of Health and Human Services (HHS), Substance Abuse and Mental Health Services Administration (SAMHSA), or the College of American Pathologists-Forensic Urine Drug Testing (CAP FUDT).