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Tenn. Comp. R. & Regs. Ch. 0800-2-12


Tenn. Comp. R. & Regs. Ch. 0800-2-12


0800-02-.12-.01 PURPOSE AND SCOPE.
(1) Purpose: The purpose of these rules is to deter the use of drugs and alcohol in the
workplace.
(a) Employees who abuse drugs shall face the risk of unemployment and the forfeiture of
workers’ compensation benefits.
(b) These rules shall apply to those employers who voluntarily choose to avail themselves
of the remedies provided for in the Workers’ Compensation Law regarding drug/alcohol
testing in the workplace.
(c) Employers who adopt a drug-free workplace program as prescribed herein shall qualify
for reduced workers’ compensation insurance premiums.
(d) If an employer does implement a drug-free workplace program as prescribed herein
and a worker injured in the course and scope of employment who is tested pursuant to
these rules has a positive confirmation of a drug at a level prescribed herein, a
rebuttable presumption is created that the injury was occasioned primarily by the
presence of the drug. Such employee may be disciplined, up to and including
termination, and forfeits his or her eligibility for workers’ compensation medical and
indemnity benefits.
(2) Scope: The provisions of this chapter apply to all employers in the State of Tennessee
subject to provisions of the Workers’ Compensation Act who qualify for the drug-free
workplace program. The application of the provisions of these rules are subject to the
provisions of any applicable collective bargaining agreement.
Authority: T.C.A. §§50-6-110(c), 50-9-101 and 50-6-418. Administrative History: Original rule filed
January 26, 1998; effective April 11, 1998.


0800-02-12-.02 POLICIES.
(1) Nothing in these rules shall be construed to prohibit an employer from conducting medical
screening or other tests required, permitted or not disallowed by any statute, rule or
regulation for the purpose of monitoring exposure of employees to toxic or other unhealthy
substances in the workplace or in the performance of job responsibilities. Such screening or
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tests shall be limited to the specific substances expressly identified in the applicable statute,
rule or regulation, unless prior written consent of the employee is obtained for other tests.
(2) Nothing in these rules shall be construed to require an employer to test or create a legal
obligation upon an employer to request an employee or job applicant to undergo drug or
alcohol testing.
(3) Nothing in these rules shall be construed to prohibit an employer from affording an employee
greater protection than provided herein. A covered employer is not barred from conducting
more extensive testing provided the employee/job applicant’s constitutional rights are not
infringed.
(4) Nothing in these rules shall be construed as authorizing any employer to test any employee
or applicant for alcohol or drugs in any manner inconsistent with federal constitutional or
statutory requirements, including those imposed by the Americans with Disabilities Act and
the National Labor Relations Act.
(5) Employers who implement a drug-free workplace program pursuant to these rules will begin
to accrue the premium discount on a pro rata basis as of the date of certification (the date of
approval by the Tennessee Department of Labor, Division of Workers’ Compensation). The
covered employer’s workers’ compensation insurance company or self-insured pool program
administrator will be notified by the Tennessee Department of Labor when an employer’s
drug-free workplace program has been certified. The covered employer’s workers’
compensation insurance company or self-insured pool program administrator must apply to
such policy the premium credit granted under this program directly upon receipt of notification
from the Tennessee Department of Labor or make payment for such credit effective after the
annual final premium audit has been completed. In order to continue to receive the premium
discount, an employer must renew annually the application for the Tennessee Drug-Free
Workplace Premium Credit Program.
(6) Future Revisions. In order to ensure the full reliability and accuracy of drug assays, the
accurate reporting of test results, and the integrity and efficacy of the drug-free workplace
testing programs, the Commissioner of the Department of Labor may make changes to these
rules and guidelines to reflect improvements in the available science and technology. These
changes will be published in final as a notice in the Tennessee Administrative Register.
Authority: T.C.A. §§4-5-202, 50-9-101, 50-9-104 and 50-9-111. Administrative History: Original rule
filed January 26, 1998; effective April 11, 1998. Amendment filed September 15, 2008; effective January
28, 2009.


0800-02-12-.03 DEFINITIONS.
(1) “Alcohol” as used in these rules shall have the same meaning as in the federal regulations
describing procedures for the testing of alcohol by programs operating pursuant to the
authority of the United States Department of Transportation as currently compiled at 49 Code
of Federal Regulations (C.F.R.), Part 40. This definition shall be changed to conform to any
future revision of the Department of Transportation’s regulations.
(2) “Alcohol test” means an analysis of breath or blood, or any other analysis which determines
the presence, absence or level of alcohol as authorized by the relevant regulations of the
United States Department of Transportation.
(3) “Certified laboratory” means any facility equipped to perform the procedures prescribed in
this chapter, in accordance with the standards of the United States Department of Health and
Human Services (HHS), Substance Abuse and Mental Health Services Administration
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(SAMHSA), or the College of American Pathologists-Forensic Urine Drug Testing (CAPFUDT).
(4) “Chain of Custody” refers to the methodology of tracking specified materials or substances
for the purpose of maintaining control and accountability from initial collection to final
disposition for all such materials or substances and providing accountability at each stage in
handling, testing, and storing specimens and reporting test results.
(5) “Confirmation test”, “confirmed test”, or “confirmed drug test” means a second analytical
procedure used to identify the presence of a specific drug, or alcohol, or metabolite in a
specimen, which test must be different in scientific principle from that of the initial test
procedure and must be capable of providing requisite specificity, sensitivity, and quantitative
accuracy.
(6) “Covered employer” means a person or entity that employs a person, is covered by the
Workers’ Compensation Law, maintains a drug-free workplace pursuant to these rules, and
also includes on the posting required by TCA §50-9-105 a specific statement that the policy
is being implemented pursuant to the provisions of these rules. These rules shall have no
effect on employers who do not meet this definition.
(7) “Drug” means any drug subject to testing pursuant to drug testing regulations adopted by the
United States Department of Transportation. A covered employer may test an individual for
any or all of such drugs.
(8) “Drug Rehabilitation Program” means a service provider that provides confidential, timely,
and expert identification, assessment and resolution of employee drug or alcohol abuse.
(9) “Drug test” or “test” means any chemical, biological, or physical instrumental analysis
administered by a certified laboratory for the purpose of determining the presence or
absence of a drug or its metabolites or alcohol pursuant to regulations governing drug or
alcohol testing adopted by the United States Department of Transportation or such other
recognized authority approved by rule by the Commissioner of Labor.
(10) “Employee” means any person who works for a salary, wages, or other remuneration for a
covered employer.
(11) “Employee Assistance Program” means an established program capable of providing expert
assessment of employee personal concerns; confidential and timely identification services
with regard to employee drug or alcohol abuse; referrals of employees for appropriate
diagnosis, treatment and assistance; and follow-up services for employees who participate in
the program or require monitoring after returning to work. If, in addition to the above
activities, an employee assistance program provides diagnostic and treatment services,
these services shall in all cases be provided by the program.
(12) “Employer” means a person or entity that employs a person and is covered by the Workers’
Compensation Law.
(13) “Injury” means a harm or damage to an employee, occurring in the workplace or in the scope
of employment which must be recorded, in accordance with Occupational Safety and Health
Administration (OSHA) reporting guidelines, in the covered employer’s OSHA 200 Log.
(14) “Initial drug test” means a procedure that qualifies as a “screening test” or “initial test”
pursuant to regulations governing drug or alcohol testing adopted by the United States
Department of Transportation or such other recognized authority approved by rule by the
Commissioner of Labor.
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(15) “Job Applicant” means a person who has applied for a position with a covered employer and
has been offered employment conditioned upon successfully passing a drug or alcohol test,
and may have begun work pending the results of the drug or alcohol test.
(16) “Medical Review Officer” or “MRO” means a licensed physician, employed with or contracted
with a covered employer, who has knowledge of substance abuse disorders, laboratory
testing procedures and chain of custody collection procedures; who verifies positive,
confirmed test results; and who has the necessary medical training to interpret and evaluate
an employee’s positive test result in relation to the employee’s medical history or any other
relevant biomedical information.
(17) (a) “Prohibited Levels” for a drug or a drug’s metabolites means cut-off levels on screened
specimens which are equal to or exceed the following shall be considered to be
presumptively positive;
1. Cut-off levels on initially screened specimens:
Amphetamines ............................................. 1,000 ng/mL
Marijuana (cannabinoids) .................................. 50 ng/mL
Cocaine (benzolylecgonine) ........................... 300 ng/mL
Opiates (codeine, morphine, heroin) ............ 2000 ng/mL
PCP (phencyclidine) ......................................... 25 ng/mL
2. Cut-off levels on confirmation specimens:
Amphetamines ................................................ 500 ng/mL
Marijuana (cannabinoids) .................................. 15 ng/mL
Cocaine (benzolylecgonine) ........................... 150 ng/mL
Opiates (codeine, morphine, heroin) ............ 2000 ng/mL
PCP (phencyclidine) .......................................... 25 ng/mL
(b) “Prohibited Levels” for alcohol means cut-off levels on screened specimens which are equal
to or exceed the following shall be considered to be presumptively positive:
Alcohol...(.08%) by weight blood alcohol concentration for non-safety sensitive
positions.
Alcohol...(.04%) by weight blood alcohol concentration for safety sensitive positions.
(18) “Reasonable-Suspicion Drug Testing” means drug testing based on a belief that an employee
is using or has used drugs or alcohol in violation of the covered employer’s policy drawn from
specific objective and articulable facts and reasonable inferences drawn from those facts in
light of experience. Among other things, such facts and inferences may be based upon:
(a) Observable phenomena while at work, such as direct observation of drug or alcohol
use or of the physical symptoms or manifestations of being under the influence of a
drug or alcohol;
(b) Abnormal conduct or erratic behavior while at work or a significant deterioration in work
performance;
(c) A report of drug or alcohol use, provided by a reliable and credible source;
(d) Evidence that an individual has tampered with a drug or alcohol test during his
employment with his/her current covered employer;
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(e) Information that an employee has caused, contributed to, or been involved in an
accident at work; or
(f) Evidence that an employee has used, possessed, sold, solicited, or transferred drugs
or alcohol while working or while on the covered employer’s premises or while
operating the covered employer’s vehicle, machinery, or equipment.
(19) “Safety-Sensitive Position” means a position involving a safety-sensitive function pursuant to
regulations governing drug testing adopted by the United States Department of
Transportation. For drug-free workplaces, the Commissioner is authorized, with the approval
of the Advisory Council on Workers’ Compensation, to promulgate rules expanding the scope
of safety-sensitive position to cases where impairment may present a clear and present risk
to co-workers or other persons. “Safety-sensitive position” means, with respect to a public
employer, a position in which a drug impairment constitutes an immediate and direct threat to
public health or safety, such as a position that requires the employee to carry a firearm,
perform life-threatening procedures, work with confidential information or documents
pertaining to criminal investigations or work with controlled substances, or a position in which
momentary lapse in attention could result in injury or death to another person.
(20) “Specimen” means tissue, fluid, or a product of the human body capable of revealing the
presence of alcohol, drugs or their metabolites.
(21) “Split Specimen” means the procedure by which each urine specimen is divided in two and
put into a primary specimen container and a secondary, or “split”, specimen container. Only
the primary specimen is opened and used for the initial screening and confirmation test. The
split specimen container remains sealed and is stored at the testing laboratory.
(22) “Threshold Detection Level” means the level at which the presence of a drug or alcohol can
be reasonably expected to be detected by an initial and a confirmatory test performed by a
certified laboratory. The threshold detection level indicates the level at which a valid
conclusion can be drawn that the drug or alcohol is present in the employee or job
applicant’s sample.
Authority: T.C.A. §§50-9-103, 50-9-106, 50-9-109, and 50-9-111. Administrative History: Original
rule filed January 26, 1998; effective April 11, 1998. Amendments filed September 15, 2008; effective
January 28. 2009. Emergency rule filed October 4, 2010: effective through April 2, 2011. Amendment
filed October 28, 2010; effective March 31, 2011. On January 18, 2011, the Department of Labor and
Workforce Development withdrew the amendment. Emergency rule filed October 4, 2010 and effective
through April 2, 2011 expired; on April 3, 2011 the rule reverted to its previous status.


0800-02-12-.04 NOTICE TO JOB APPLICANTS AND EMPLOYEES.
(1) It is a requirement of the drug-free workplace program that, prior to testing, the employer give
a one-time written policy statement to employees and job applicants which contains:
(a) A general statement of the covered employer’s policy on employee drug and alcohol
abuse, which must identify:
1. The types of drug or alcohol testing an employee or job applicant may be
required to submit to, including reasonable-suspicion drug or alcohol testing or
drug or alcohol testing conducted on any other basis; and
2. The actions the covered employer may take against an employee or job
applicant on the basis of a positive confirmed drug or alcohol test result.
(b) A statement advising the employee or job applicant of the existence of this rule;
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(c) A general statement concerning confidentiality;
(d) Procedures for employees and job applicants to confidentially report to a medical
review officer the use of prescription or nonprescription medications being tested, but
only after the testing process has revealed a positive confirmed result for alcohol or
drug use;
(e) The consequences of refusing to submit to a drug or alcohol test;
(f) A representative sampling of names, addresses, and telephone numbers of employee
assistance programs and local drug and alcohol rehabilitation programs;
(g) A statement that an employee or job applicant who receives a positive confirmed test
result may contest or explain the result to the medical review officer within five (5)
working days after receiving written notification of the test result; that if an employee’s
or job applicant’s explanation or challenge is unsatisfactory to the medical review
officer, the medical review officer shall then report the positive test result to the covered
employer; and that an employee or job applicant may then contest the drug test result
pursuant to Rule 0800-02-12-.10;
(h) A statement informing the employee or job applicant of his responsibility to notify the
laboratory of any administrative or civil action brought pursuant to this section;
(i) A list of all classes of drugs, including alcohol, for which the covered employer will test,
described by brand name or common names, as applicable, as well as by chemical
name;
(j) A statement regarding any applicable collective bargaining agreement or contract and
the right to appeal to the applicable court; and
(k) A statement notifying employees and job applicants of their right to consult with a
medical review officer for technical information regarding prescription and
nonprescription medicine.
(2) A statement complying with the requirements of notification under TCA §50-9-101(b) that it is
a condition of employment in a drug-free workplace for an employee to refrain from reporting
to work or working with the presence of drugs or alcohol in his or her body and if an injured
employee refuses to submit to a test for drugs or alcohol, the employee forfeits eligibility for
workers’ compensation medical and indemnity benefits.
(3) A covered employer shall ensure that at least sixty (60) days elapse between a general onetime
notice to all employees that a drug-free workplace program is being implemented and
the effective date of the program. Such notice shall also indicate that on the effective date of
the program that TCA §50-6-110(c) will apply to that employer.
(4) A covered employer shall include notice of drug or alcohol testing on vacancy
announcements for positions for which drug or alcohol testing is required. A notice of the
covered employer’s drug or alcohol testing policy must also be posted in an appropriate and
conspicuous location on the covered employer’s premises, and copies of the policy must be
made available for inspection by the employees or job applicants of the covered employer
during regular business hours in the covered employer’s personnel office or other suitable
locations.
(5) Subject to any applicable provisions of a collective bargaining agreement or any applicable
labor law, a covered employer may rescind its coverage under these rules by posting a
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written and dated notice in an appropriate and conspicuous location on its premises. The
notice shall state that the policy will no longer be conducted pursuant to these rules. The
employer shall also provide sixty days written notice to the employer’s workers’
compensation insurer of the rescission. As to the employees and job applicants, the
rescission shall become effective no earlier than sixty days after the date of the posted
notice.
Authority: T.C.A. §50-9-105. Administrative History: Original rule filed January 26, 1998; effective
April 11, 1998.


0800-02-12-.05 TYPES OF TESTING.
It is a requirement that a covered employer who establishes a drug-free workplace program conduct the
following types of drug tests to the extent permitted by law:
(1) Job applicant drug or alcohol testing. A covered employer must, after a conditional offer of
employment, require job applicants to submit to a drug test and may use a refusal to submit
to a drug test or a positive confirmed drug test as a basis for refusing to hire a job applicant.
An employer may, but is not required to, test job applicants for alcohol after a conditional
offer of employment. Limited testing of applicants, only if it is based on a reasonable
classification basis, is permissible in accordance with the following:
(a) A temporary, leased, seasonal or former worker who has tested negative for substance
abuse within the preceding twelve (12) months from the date employment is to begin
will not be required to undergo job applicant testing by the covered employer. Any
such worker who has not been tested or has not tested negative must submit to job
applicant testing according to Rules 0800-02-12-.07, .08 and .10.
(2) Reasonable suspicion. A covered employer must require an employee to submit to
reasonable suspicion drug or alcohol testing.
(a) Employers shall, within seven days after testing based on reasonable suspicion, detail
in writing the circumstances which formed the basis of the determination that
reasonable suspicion existed to warrant the testing. If drug-testing is conducted based
on reasonable suspicion, the covered employer shall promptly detail in writing the
circumstances which formed the basis of the determination that reasonable suspicion
existed to warrant the testing. A copy of this documentation shall be given to the
employee upon request and the original documentation shall be kept confidential by
the covered employer pursuant to TCA §50-9-109 and shall be retained by the covered
employer for at least one (a) year.
(3) Routine fitness-for-duty drug or alcohol testing.
(a) A covered employer must require an employee to submit to a drug or alcohol test if the
test is conducted as part of a routinely scheduled employee fitness-for-duty medical
examination where the examinations are required by law or regulation, are part of the
covered employer’s established policy, or one that is scheduled routinely for all
members of an employment classification group.
(b) This Rule does not require a drug or alcohol test if a covered employer’s current
personnel policy does not include drug or alcohol testing as part of a routine fitness-forduty
medical exam. If such testing is included, it must be done on a nondiscriminatory
basis for all employees. Routine fitness-for-duty drug or alcohol testing of employees
would not apply to programs mandated by governmental agencies, volunteer employee
health screenings, employee wellness programs, or medical surveillance procedures.
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(4) Follow-up drug or alcohol testing. If the employee in the course of employment enters an
employee assistance program for drug or alcohol-related problems, or a drug or alcohol
rehabilitation program, the covered employer must require the employee to submit to a drug
or alcohol test, as appropriate, as a follow-up to such program, unless the employee
voluntarily entered the program. In those cases, the covered employer has the option to not
require follow-up testing. If follow-up testing is required, it must be conducted at least once a
year for a two year period after successful completion of the program. Advance notice of a
follow-up testing date must not be given to the employee.
(5) Post-accident testing. After an accident which results in an injury, the covered employer shall
require the employee to submit to a drug or alcohol test in accordance with these rules:
(a) An employee injured at the workplace and required to be tested shall be taken to a
medical facility for immediate treatment of injury. Specimens shall be obtained at the
treating facility or a designated collection site under the procedures set forth under
these rules and transported to an approved testing laboratory.
(b) No specimens shall be taken prior to the administration of emergency medical care.
Once this condition has been satisfied, an injured employee must submit to testing.
(c) In the case of non-emergency injuries reported to the covered employer after the fact,
the injured employee must submit to testing at the time the injury is entered into the
covered employer’s OSHA 200 Log or any authorized or required replacement for the
OSHA 200 Log.
Authority: T.C.A. §§50-6-101, 50-6-419, 50-9-106, and 50-9-111. Administrative History: Original
rule filed January 26, 1998; effective April 11, 1998. Amendment filed August 23, 1999; effective
December 29, 1999. Amendments filed September 15, 2008; effective January 29, 2009.


0800-02-12-.06 REFUSAL TO TEST.
If an employee or job applicant refuses to submit to a drug or alcohol test, the covered employer is not
barred from discharging or disciplining the employee or from refusing to hire the job applicant. If the
injured worker refuses to submit to a drug or alcohol test, it shall be presumed in the absence of a
preponderance of the evidence to the contrary that the proximate cause of the injury was the influence of
drugs or alcohol as defined in these rules.
Authority: T.C.A. §§50-6-110(c)(2) and 50-9-108(f). Administrative History: Original rule filed
January 26, 1998; effective April 11, 1998.


0800-02-12-.07 TESTING.
(1) A covered employer shall be required to test employees and job applicants for the following
drugs:
(a) Alcohol-Not required for job applicant testing.
(b) Amphetamines
(c) Cannabinoids, (THC)
(d) Cocaine
(e) Opiates
(f) Phencyclidine
(2) The initial screen for all drugs, except alcohol, shall use an immunoassay in a certified
laboratory.
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(3) All specimens identified as positive on the initial test, excluding tests for alcohol, shall be
confirmed using gas chromatography/mass spectrometry (GC/MS).
(4) Threshold detection levels of these drugs shall be in accordance with Substance Abuse &
Mental Health Services Administration (SAMHSA) or (CAP-FUDT) guidelines unless modified
according to TCA §50-9-111.
(5) All specimens must be tested by a certified laboratory.
(6) All testing for drugs and alcohol shall be in accordance with the procedures compiled at 49
C.F.R., Part 40. However, if a certified laboratory under TCA §50-9-110 is used for testing,
no further quality assurance monitoring or proficiency testing is required by the employer
under these rules.
(7) As technology develops faster, more convenient, and more cost effective testing methods,
covered employers shall be allowed to use those technologies and devices which have been
approved by the Commissioner of Labor and the Substance Abuse & Mental Health Services
Administration (SAMHSA) or the College of American Pathologists-Forensic Urine Drug
Testing (CAP-FUDT) guidelines, provided that none of the established rules regarding
security of the collection site, chain of custody procedures, privacy of the individual, collection
control, integrity and identity of the specimen, and transportation of the specimen to the
laboratory are compromised. Any modification or change to this rule shall be promulgated in
accordance with the Uniform Administrative Procedures Act, compiled in Title 4, Chapter 5.
(8) These rules and guidelines do not prohibit an employer from conducting any drug or alcohol
testing of employees which is otherwise permitted by law.
(9) Should an employee/job applicant receive a positive confirmed test result for an otherwise
legal medication for which he/she does not hold a valid prescription, a covered employer is
not barred from discharging the employee or refusing to hire the job applicant. Such an
employee/job applicant will also forfeit his/her workers’ compensation benefits; provided, that
the drug or alcohol test was conducted according to these rules and guidelines. Drug or
alcohol tests which are not conducted according to these rules and guidelines shall not be
used as a basis to terminate benefits.
(10) A covered employer may test a job applicant for alcohol or for any drug described in T.C.A. §
50-9-103; provided, that for public employees such testing shall be limited to the extent
permitted by the Tennessee and Federal Constitutions. [A covered employer may test an
employee for any drug defined in T.C.A. §50-9-103(6) and at any time set out in T.C.A. § 50-
9-106.]
(11) It is intended that any employer required to test it’s employees pursuant to the requirements
of any federal statute or regulation, shall be deemed to be in conformity with these rules and
guidelines as to the employees it is required to test by those standards and procedures
designated in that federal statute or regulation. All other employees of such employer shall
be subject to testing as provided in this chapter in order for such employer to qualify as
having a drug-free workplace program.
(12) An employee who is not in a safety-sensitive position, as defined in TCA §50-9-103(l5), may
be tested for alcohol only when the test is based upon reasonable suspicion as defined in
TCA §50-9-103(14). An employee in a safety-sensitive position may be tested for alcohol
use at any occasion described in TCA §50-9-106(a)(2)-(5), inclusive.
Authority: T.C.A. §§50-9-101(a) and (b), 50-9-104, 50-9-106(a)(1), 50-9-107(a) and (c), 50-9-110, and
50-9-111. Administrative History: Original rule filed January 26, 1998; effective April 11, 1998.
Amendment filed September 15, 2008; effective January 28, 2009. Emergency rule filed October 4,
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2010; effective through April 2, 2011. Amendment filed October 28, 2010; effective March 31, 2011. On
January 18, 2011, the Department of Labor and Workforce Development withdrew the amendment.
Emergency rule filed October 4, 2010 and to have been effective through April 2, 2011 expired; on April
3, 2011 the rule reverted to its previous status.


0800-02-12-.08 COLLECTION PROCEDURES.
(1) The employer shall provide the employee or job applicant with a form to provide any
information that he/she considers relevant to the test, including the identification of currently
or recently used prescription or nonprescription medication or other information. The
information provided shall be treated as confidential and reviewed by a medical review officer
in interpreting any positive confirmed results.
(2) Collection procedures shall be in accordance with procedures compiled at 49 C.F.R., Part 40,
and must be collected according to those prescribed procedures using the split sample
method. No inference or presumption of intoxication or impairment may be made in a case
where a physician prevents a specimen collection based on his or her medical expertise.
Where additional drugs are to be included in a drug test other than those listed in Rule 0800-
02-12-.07, a separate specimen collection is not required provided that all other collections
procedures/protocols are consistent with those compiled at 49 C.F.R., Part 40.
(3) It is a requirement that covered employers must use the chain of custody form approved by
the Department of Labor specifically for the Tennessee Drug-Free Workplace Program.
(4) Security of the collection site, chain of custody procedures, privacy of the individual,
collection control, integrity, identity, and retention of the specimen, and transportation of the
specimen to the laboratory shall be in accordance with the Substance Abuse & Mental Health
Services Administration (SAMHSA) guidelines or United States Department of Transportation
regulations (49 C.F.R., Part 40).
Authority: T.C.A. §50-9-107(a) and (c) and 50-9-111. Administrative History: Original rule filed
January 26, 1998; effective April 11, 1998. Amendment filed September 15, 2008; effective January 28,
2009. Emergency rule filed October 4, 2010; effective through April 2, 2011. Amendment filed October
28, 2010; effective March 31, 2011. On January 18, 2011 the Department of Labor and Workforce
Development withdrew the amendment. Emergency rule filed October 4, 2010 and to have been
effective through April 2, 2011 expired; on April 3, 2011 the rule reverted to its previous status.


0800-02-12-.09 COST OF TESTING.
(1) The covered employer shall pay the cost of initial and confirmation testing which it requires of
employees and job applicants. The employee or job applicant shall pay the costs of any
additional drug or alcohol tests not required by the employer.
(2) Where re-testing of a split-specimen is requested, the party requesting the re-test (i.e.,
covered employer or employee/job applicant) shall pay the cost.
Authority: T.C.A. §50-9-107(d) and 50-9-111. Administrative History: Original rule filed January 26,
1998; effective April 11, 1998.


0800-02-12-.10 REPORTING AND REVIEW OF RESULTS.
(1) Except for Rules 0800-02-12-.10(2) and 0800-02-12-.10(3), the procedures for laboratory
reporting and MRO review and reporting of specimen test results shall be in accordance with
those described in 49 C.F.R., Parts 40.29 and 40.33.
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(2) Any specimens with evidence of dilution, contamination, tampering, or any question normally
requiring an MRO opinion shall be reported to the MRO for disposition. The MRO may
determine the need to re-test, re-collect, or otherwise modify the collection procedure to
ensure adequate and appropriate testing.
(3) An employee or job applicant who receives a positive confirmed test result upon notification
by the MRO may contest or explain the result to the medical review officer within five (5)
working days after receiving written notification of the test result from the MRO. If an
employee’s or job applicant’s explanation or challenge is unsatisfactory to the medical review
officer, the medical review officer shall report a positive test result back to the covered
employer.
Authority: T.C.A. §§50-9-105(a), 50-9-107(a), and 50-9-111(a)(3). Administrative History: Original
rule filed January 26, 1998; effective April 11, 1998.


0800-02-12-.11 EMPLOYEE PROTECTION.
(1) A covered employer may not discharge, discipline, refuse to hire, discriminate against, or
request or require rehabilitation of an employee or job applicant on the sole basis of a
positive test result that has not been verified by a confirmation test and by a medical review
officer.
(2) A covered employer shall not discharge, discipline, or discriminate against an employee
solely upon the employee’s voluntarily seeking treatment, while under the employ of the
covered employer, for a drug or alcohol-related problem if the employee has not previously
tested positive for drug or alcohol use, entered an employee assistance program for drug or
alcohol related problems, or entered a drug or alcohol rehabilitation program. Unless
otherwise provided by a collective bargaining agreement, a covered employer may (but need
not) select the employee assistance program or drug or alcohol rehabilitation program if the
covered employer pays the cost of the employee’s participation in the program.
Authority: T.C.A. §50-9-107(b) and (e). Administrative History: Original rule filed January 26, 1998;
effective April 11, 1998.


0800-02-12-.12 EMPLOYER PROTECTION.
(1) An employee or job applicant whose drug or alcohol test result is confirmed as positive in
accordance with these rules shall not, by virtue of the result alone, be deemed to have a
“handicap” or “disability” as defined under federal, state, or local handicap and disability
discrimination laws.
(2) A covered employer who discharges or disciplines an employee or refuses to hire a job
applicant in compliance with these rules is considered to have discharged, disciplined, or
refused to hire for cause.
(3) No physician-patient relationship is created between an employee or job applicant and a
covered employer or any person performing or evaluating a drug or alcohol test, solely by the
establishment, implementation, or administration of a drug or alcohol-testing program. This
rule in no way relieves the person performing the test from responsibility for his or her acts of
negligence in performing the tests.
(4) Nothing in these rules shall be construed to prevent a covered employer from establishing
reasonable work rules related to employee possession, use, sale, or solicitation of drugs or
alcohol, including convictions for drug or alcohol-related offenses, and taking action based
upon a violation of any of those rules.
DRUG FREE WORKPLACE PROGRAMS CHAPTER 0800-02-12
(Rule 0800-02-12-.13, continued)
April, 2011 (Revised) 12
Authority: T.C.A. §50-9-108. Administrative History: Original rule filed January 26, 1998; effective
April 11, 1998.


0800-02-12-.13 SUBSTANCE ABUSE EDUCATION/AWARENESS.
(1) Employee Education/Awareness Required for Certification.
Each year, covered employers must provide at least one-hour of an education/awareness
program for all employees about substance abuse in the workplace.
The Employee Education/Awareness Program may include, but is not limited to, the following
information (Employers may choose any of the following suggested topics and/or combine
them in order to fulfill this requirement):
(a) General explanation about the addictive disease of substance abuse; sample topics:
1. The disease of addiction.
2. Defining use versus abuse.
3. The recovering employee in the workplace.
4. Why people abuse substances.
5. Avoiding relapse in the workplace.
6. The role of the family in addressing substance abuse and addiction.
7. The role of co-workers in addressing substance abuse and addiction.
8. The role of co-workers in maintaining a drug-free workplace.
9. Alcoholics Anonymous: History of the AA Program.
(b) The effects and dangers of the commonly abused substances in the workplace;
sample topics:
1. Stress and the workplace.
2. Safety and the workplace.
3. Warning signs.
4. The most commonly abused drugs in the workplace (e.g.; marijuana,
cocaine/crack, inhalants, alcohol, opiates, hallucinogens, or prescription drugs,
etc.).
5. The physical and psychological effects related to the abuse of the above drugs,
and others.
6. The health & medical risks of substance abuse.
7. Avoiding substance abuse through wellness, exercise, diet, etc.
(c) This program is also a good opportunity to reinforce the employer’s policies and
procedures regarding workplace substance abuse. Also, the employer should remind
employees of their EAP and/or substance abuse treatment options.
(2) Supervisor Training Required for Certification.
(a) In addition to the employee substance abuse education/awareness program (one-hour
each year), employers must provide all supervisory personnel with a minimum of twohours
per year of workplace substance abuse recognition training. Training should
include: recognizing the signs of substance abuse in the workplace, how to document
and collaborate signs of employee substance abuse, and how to refer substance
abusing employees to proper providers for treatment. The minimum two-hours of
training may be completed on one specific date, or two one-hour training sessions may
be held on different dates during the year. (Supervisors should receive a minimum total
of three-hours of substance abuse education/awareness & recognition training per
year.)
DRUG FREE WORKPLACE PROGRAMS CHAPTER 0800-02-12
(Rule 0800-02-12-.13, continued)
April, 2011 (Revised) 13
It is recommended that supervisors complete workplace substance abuse recognition
training before an employer implements a drug and alcohol testing program that
includes testing based on “reasonable suspicion”, and/or attempting to refer an
employee to an EAP or other provider for substance abuse treatment.
(b) The Supervisor Training Program should include, but is not limited to, the following
information. Employers may choose from these suggested topics and/or combine
them in order to fulfill the supervisor training requirement:
1. Legal aspects of “reasonable suspicion” employee testing for drug and alcohol:
Building and establishing through observation and measurement.
2. Legal aspects regarding EAP and/or substance abuse treatment referrals:
Supervisor referral, voluntary/self referral, last chance agreement.
3. How to recognize signs of employee substance abuse.
4. How to refer substance abusing employees to proper treatment providers.
5. How family problems can affect an employee’s performance.
6. How to interview and detect potential workplace substance abusers.
7. When and if to test. When and how to intervene and confront potential
workplace substance abusers.
8. Conducting the performance review.
9. Using positive peer pressure and management to gain support for mutual goals.
(c) Because resources available to employers across the state will vary from community to
community, the employee education/awareness and supervisory training component of
the drug-free workplace program is meant to be flexible so that employers may be
creative in conducting these programs. For example, employers may utilize speakers,
workshops, videos, written material, in-house supervisors that have been educated on
how to train employees and/or supervisors regarding aspects of workplace substance
abuse, any combination of the above, and/or other means of educating employees
about the benefits of a drug-free workplace.
1. Important: Covered employers should keep appropriate records in order to
document the completion of the employee education/awareness program and
supervisor training requirements.
Authority: T.C.A. §50-9-101 and 50-9-111. Administrative History: Original rule filed January 26,
1998; effective April 11, 1998. Amendment filed September 15, 2008; effective January 28, 2009.


0800-02-12-.14 CONFIDENTIALITY.
(1) All information, interviews, reports, statements, memoranda, and drug or alcohol test results,
written or otherwise, received by the covered employer through a drug or alcohol testing
program are confidential communications and may not be used or received in evidence,
obtained in discovery, or disclosed in any public or private proceedings, except in
accordance with these rules or in determining compensability under these rules.
(2) Covered employers, laboratories, medical review officers, employee assistance programs,
drug or alcohol rehabilitation programs, and their agents who receive or have access to
information concerning drug or alcohol test results shall keep all information confidential.
Release of such information under any other circumstances is authorized solely pursuant to
a written consent form signed voluntarily by the person tested, unless such release is
compelled by a hearing officer or a court of competent jurisdiction pursuant to an appeal
taken under this rule, relevant to a legal claim asserted by the employee or is deemed
appropriate by a professional or occupational licensing board in a related disciplinary
proceeding. The consent form must contain, at a minimum:
DRUG FREE WORKPLACE PROGRAMS CHAPTER 0800-02-12
(Rule 0800-02-12-.14, continued)
April, 2011 (Revised) 14
(a) The name of the person who is authorized to obtain the information;
(b) The purpose of the disclosure;
(c) The precise information to be disclosed;
(d) The duration of the consent; and
(e) The signature of the person authorizing the release of the information.
(3) Information on drug or alcohol test results for tests administered pursuant to these rules shall
not be released or used in any criminal proceeding against the employee or job applicant.
Information released contrary to this section is inadmissible as evidence in any such criminal
proceeding.
(4) These rules do not prohibit a covered employer, agent of such employer, or laboratory
conducting a drug or alcohol test from having access to employee drug or alcohol test
information or using such information when consulting with legal counsel in connection with
actions brought under or related to these rules or when the information is relevant to its
defense in a civil or administrative matter. Neither are these rules intended to prohibit
disclosure among management as is reasonably necessary for making disciplinary decisions
relating to violation of drug or alcohol standards of conduct adopted by an employer.
Authority: T.C.A. §50-9-109. Administrative History: Original rule filed January 26, 1998; effective
April 11, 1998.


0800-02-12-.15 APPLICATION FORM.
(1) Any employer seeking any benefits conferred by the Drug-Free Workplace Program shall file
with the Workers’ Compensation Division of the Department of Labor the form promulgated
by the Commissioner for that purpose. From the date of receipt, such employer shall be
rebuttably presumed to be entitled to all applicable benefits under the Drug-Free Workplace
Program.
(2) Before granting any premium credit to an employer, an insurance carrier or self-insured pool
shall obtain a true copy of the form described in subsection (a) from the employer. Upon
granting such credit to the employer, the insurer shall notify the Workers’ Compensation
Division of the Department of Labor of such action by filing the form promulgated by the
Commissioner for that purpose.
Authority: T.C.A. §§50-6-418 and 50-9-111. Administrative History: Original rule filed January 26,

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