Requirements to join
Employers participating in Tennessee’s Drug Free Workplace Program are required to:
- Renew their application each year at the same time that they renew their workers’ compensation insurance policy;
- Administer the following five types of tests:
- Pre-employment (must test for drugs, may test for alcohol) after a conditional offer of employment
- Post-accident that resulted in an injury—in emergency situations employees injured and required to be tested must be taken to a medical facility for immediate treatment of the injury. Specimens cannot be taken prior to administering emergency care. In non-emergency situations the injured employee must submit to the test at the time the injury is entered into the employer’s OSHA 300 log.
- Reasonable suspicion—employer must detail in writing, within seven (7) calendar days, the circumstances that formed the determination to test and provide a copy of this detail to the employee upon request
- Fitness-for-duty (for safety-sensitive positions)—where required by law; are part of the employer’s policy; or is routinely scheduled for all members of the employment classification group;
- Follow-up testing of employees that enter an EAP program for drug/alcohol-related reasons—not required if employee voluntarily entered program; if required it must be conducted at least once a year for two consecutive years; employee cannot be given advance notice of the date of the follow-up test
Employers are allowed, but not required, to do random testing
- Testing facilities must be licensed and approved by the TN Department of Health or the US Dept. of Health and Human Services (HHS), College of American Pathologists, or other recognized authority authorized by the Commissioner. The lab must comply with the procedures established by the federal DOT. Labs that perform confirmation tests must also be certified by either the Substance Abuse or Mental Health Services Administration (SAMSHA) or by the College of American Pathologists—Forensic Urine Testing Programs (CAP-FUDT)
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