Tennessee drug testing locations
Tennessee drug testing laws
There is no law or regulation in Tennessee restricting employers’ request to submit applicants or employees to drug testing. Federal government requires that the employers in some safety-sensitive industries like transportation and aviation as well as those contractors working with NASA and those in the department of Defense be submit to drug testing owing to the high safety requirement of their job.
Tennessee state has put in place a drug-free workplace program in order to regulate drug testing. Under the Workers’ Compensation Premium Reduction Act, employers who implement a drug-free workplace policy in their organization qualify for 5 percent discount on workers’ compensation insurance premium. However, the state’s rule must be adhered to before employers can get their discount. Some of the rules include: a written policy with specific information, strict procedures as regards samples collection and evaluation, as well as the confidentiality of the results.
- The employer must provide for the applicants and employees a copy of the written policy and give 60 days of notice prior to the implementation of the program.
- A general policy statement as regard the use of drugs.
- The types of required test and the consequences of a positive test result or a refusal to submit to testing.
- A statement which shows that test results with be treat as confidential.
- A notification of the existence of the Act.
- Procedures for contesting or explaining a positive result
- A list of drugs for which the employer tests
- Procedures for reporting use of medications and a list of common medications that may affect a drug test.
- A list of employee assistance and rehabilitation programs
For any job that require drug and alcohol testing, the employer must make available notice of drug and alcohol testing on vacancy announcement of such job.
Denial of employees’ compensation claim
Upon a contingent offer of employment, the employer must submit the applicants to drug testing if such employer desire to be qualify as a drug-free workplace. The employer is also allowed to conduct a more limited testing on the basis of reasonable classifications of job positions, for instance an employer may submit only the applicants whose jobs would be of high safety-sensitive (such as operating heavy machine or carrying a weapon) to drug testing instead of testing the whole applicants.
An applicant may be denying of employment if tested positive to drug testing or refuse to undergo drug testing.
Rules for employees in Tennessee
In other to have a drug-free workplace, an employer must submit the employees to test under the following conditions:
- If the employees are in a safety-sensitive positions
- Following the occurrence of workplace accident which leads to injury or damages.
- Being part of a routine fitness-for-duty- medical exam
- As a follow up to a required rehabilitation program
- Upon reasonable suspicion that the employee is under the influence. The behavior on which the reasonable suspicion is based must be documented by the employer within 24 hours or prior to release of test results and a copy of such document must be given to the employee upon request.
If an employee tested positive to drug testing, he/she can contest the result or offer explanation in not more than five days after the result has been released. If an employee has not been tested positive to drug or been in rehabilitation program or treatment program, no disciplinary action may be taken against such an employee if he voluntarily seeks treatment for substance abuse. Although employee who test positive to drug testing can be subjected to relevant disciplinary action, but rehabilitation and counselling must also be offer to such an employee.
Denial of employees’ compensation claim
Injury sustained or death as a result of illicit drug use or intoxication amounts to willful misconduct, and as such, there shall be no compensation allowed as contained in workers’ compensation regulations.
Legal claims arising from drug testing
Violation of any Tennessee law on drug test by the employer’s amount to misdemeanor. Any employer committed such petty crime can be subjected to fines. Furthermore, applicants and employees can claim legal right depending on certain conditions such as: how the test was conducted, who was tested, or how the test results were used. Below are few instances:
- Disability discrimination: Any applicant or employee taking medication for his/her disability is protected by the Americans with Disability Act (ADA). If any of such prescribed medications turn up while the applicant or employee is undergoing drug test and the employee or applicant is sanctioned based on positive drug test (which was as a result of legitimately prescribed illegal drugs for certain conditions, such as opiates), the employer may be liable if the medication was legally prescribed for a disability.
- Other discrimination claims: It is unlawful for an employer to select certain groups of employee for example, selection by race, by age, or by gender- for drug testing. Any employer found guilty of this may be subjected to a discrimination claim.
- Invasion of privacy: Although an employer is allowed under Rhode Island law to require an employee to undergo drug testing, if such an employer violates employee’s privacy by requiring that the employee provide a urine sample in the presence of others.
- Defamation: In a situation whereby an employer made publicly that the employee tested positive, and the employer is aware or had reason to know that the test result was negative, such an employer could be charge for defamation.
Tennessee medicinal marijuana
The state of Tennessee strictly prohibits the possession or using of marijuana in the state. However, in 2004 a law was passed by the state which allow critically ill, seizure patients to procure cannabis oil with contains fairly large amount of CBD and a very small amount of THC. This law was further modified in 2015 and 2016 by the Tennessee legislature.
Tennessee recreational marijuana
Tennessee state has no law or statute upholding recreational marijuana. However, the use of CBD oil for treatment of intractable epilepsy is allowed in the state.