PocketPart40 State Laws at a Glance is a collaboration with professionals across the workplace drug testing industry to provide a free resource on workplace drug testing laws, regulations, legislation, issues of interest and significant case authority. See disclaimer below.
1) Summary
All types of testing with no restrictions and all types of testing procedures with no requirements, unless an employer wishes to conduct drug-testing in accordance with the voluntary Workers’ Compensation Voluntary Premium Reduction Act.
2) Workers Compensation Voluntary Premium Reduction State
Yes
3) Employers Covered by Federal Drug Free Workplace Act
Yes
4) State Constitution Privacy Provision
No
5) Penalties and Remedies for Employer Non-Compliance
No
6) Significant Testing Restrictions
Yes under Workers’ Compensation Voluntary Premium Reduction Act
7) Disability Coverage
8) Drug and Alcohol Testing Restrictions
Yes under Workers’ Compensation Voluntary Premium Reduction Act
9) Worker’s Compensation Disqualification Laws
Yes
10) Unemployment Compensation Disqualification Laws
Yes
11) Alcohol Cut-off Levels
For non-safety sensitive employees the level is 0.10% and for safety sensitive employees the level is 0.04%
12) Substances Allowed for Testing
(1) Amphetamines; (2) Cannabinoids; (3) Cocaine; (4) Phencyclidine (PCP); (5) Opiates or a metabolite of any of the above substances; and (6) Alcohol
· Substances Cut-off Levels
Amphetamines 500/250 , Cannabinoids 50/15, Cocaine 150/100, Opiates 2000/2000, PCP25/25
13) Drug Specimen Types
Urine, blood, hair, saliva
14) Types of Drug Testing and Restrictions
· Pre Employment
Required following a conditional job offer under Workers’ Compensation Voluntary Premium Reduction Act
· Reasonable Cause
Required under Workers’ Compensation Voluntary Premium Reduction Act
· Random
Permitted but not required under Workers’ Compensation Voluntary Premium Reduction Act
· Post Accident
Required if the accident resulted in injury under Workers’ Compensation Voluntary Premium Reduction Act
· Follow-up Testing
Drug testing required for safety-sensitive employees and allowed but not required for alcohol, for Non-safety sensitive employees, drug is required and alcohol is prohibited.
15) Restrictions on Types of Workplace Drug Tests
Yes under Workers’ Compensation Voluntary Premium Reduction Act
16) Collection Procedures
· Generally
· Observed Collections
DOT Standards
· Split
Yes. Collection procedures shall be in accordance with procedures compiled at 49 CFR Part 40 and must be collected according to those prescribed procedures using the split specimen sample method.
17) Drug Testing Falsification Law
No
18) Point-of-Collection Device
· Urine
· Oral Fluids
19) Safety-Sensitive Restriction
Yes
20) Laboratory Based Testing
· Laboratory Certifications
Approved by Dept. of Health, HHS and CAP. All confirmation tests by SAMHSA or CAP
· Oral Fluids
Allowed
· Hair Testing
Allowed
21) Notification of Test Results
Any notice required by this section shall inform minors who are tested that the minor's parents or guardians will be notified of the results of tests
22) Rehabilitation Requirements
Names, addresses and telephone numbers of employee assistance programs and local drug or alcohol rehabilitation programs. If employer allows for rehabilitation, the employer must pay for costs associated with program.
23) Retest Required
Yes
24) Wage Payment Requirements
Employer
25) Disciplinary Action Restriction
26) State CDL DMV Reporting
27) State Medical Marijuana Laws
No
28) Union Agreements
29) Unique to State Issues
30) State Enforcement Agency
31) Web Resources
32) Significant Case Authority
33) Workers Compensation Premium Reduction Statute Citation
· Amount of Premium Reduction
5%
· Written Drug Testing Policy Requirements
1. A general policy statement regarding drug and alcohol use. 2. The types of testing an employer will require and the consequences of a positive result or a refusal to submit to testing. 3. A notification of the existence of the Act. 4. A confidentiality statement. 5. Procedures for reporting use of medications. 6. A list of employee assistance and rehabilitation programs. 8. A statement regarding the employee’s obligation to notify the laboratory of any action brought pursuant to this section. 9. A list of drug of which the employer tests for. 10. A statement regarding applicable contractual agreements. 11. Notification of the right to consult with an MRO. In addition, a notice of testing must include: (1) accompany vacancy announcements; (2) be posted in a conspicuous locations; and (3) be available upon request.
· Specifies Testing Circumstances
Yes
· Specimen Type and Panels
Tissue, fluid, or product of the human body; 5 Panel
· Who Pays for Testing Costs
Employer
· Timing of Testing
· Laboratory Requirements Generally
Approved by Dept. of Health, HHS and CAP. All confirmation tests by SAMHSA or CAP
· Training Requirements
Required for employees and supervisors. All covered employees must receive one hour of education/awareness training annually. In addition supervisors must receive 2 hours of workplace substance abuse training every year in addition to the one hour of employee training.
· Collection Procedure Required
DOT procedures set forth in 49 CFR, Part 40, including the use of a chain-of-custody form developed by the Department of Labor specifically for the Tennessee
· MRO Review Requirements
MRO must review all positive results .
· Positive Result Notification Requirements
Any notice required by this section shall inform minors who are tested that the minor's parents or guardians will be notified of the results of tests
· Confidentiality Requirements
All information received by the employer as a result of its testing program is considered confidential and may not be received in evidence, obtained in discovery, or disclosed in any public or private proceedings unless the employee consents.
· EAP Requirements
· SAP Requirements
· Recordkeeping Requirements
· Re-Testing Required
Yes
· Employee Opportunity to Explain
An employee or applicant has five days after receiving a positive result to contest or explain the result to the MRO
· Application Submission to State
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This blog is for educational purposes only and does not constitute legal advice. "No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers."
Tennessee Contributors:
PocketPart40 Editors:
Tommy Eden is a management labor & employment law attorney with Constangy, Brooks & Smith, LLP, who is licensed to practice in Alabama and Georgia
Dr. C.B. Thuss, Jr. is a Certified Medical Review Officer. cthuss@gmail.com or 205-283-1040
Mary Hines is past president of SAPAA and owner of Simple Path training and compliance solutions. maryhines@gmail.com or 214-697-1249
Tennessee Contributors:
