Drug Testing Laws in the State of Tennessee

TENNESSEE Drug-Free Workplace Act Employers with five or more paid employees who contract with state or local government to provide construction services must submit an affidavit stating that the employer has a drug-free workplace program that complies with Title 50, Chapter 9, at least to the extent required of governmental entities. Any private employer that certifies compliance only to the extent required by this Act, will not receive any reduction in workers' compensation premiums and will not be entitled to other benefits set forth in Title 50, Chapter 9. Employers must obtain a certificate of compliance from the Department of Labor and Workforce Development. Various consequences apply to employers who do not comply with the requirements of the Act.

WORKERS COMPENSATION

Workers' Compensation Premium Reduction Program State law provides a five percent reduction on workers' compensation premiums to employers who establish drug-free workplace programs. Requirements include a written policy statement, a resource list of EAPs and other rehabilitation programs, and drug and alcohol testing. TCA 50-9-101 to 111 (1996). Amended 1997. Workers' Compensation State law denies benefits to an employee whose injury or death is due to intoxication or the use of illegal drugs. A positive drug test result conducted in accordance with the U.S. DOT's drug and alcohol testing regulations provides a conclusive inference that the injury or death was due to the influence of a controlled substance. Refusing to submit to a blood or urine test following an accident may also result in denial of benefits