10 Things to Know About Workplace Drug Testing State Laws and Regulations in Tennessee
1) A Brief Overview
The state of Tennessee is a hybrid state wherein a few jobs require strict testing while others do not. Child care drivers and state contractors need to be tested on a regular basis. In case an employer volunteers to participate in a state incentive program, he/she needs to conduct medical tests as per the law.
2) The Policy
A written policy is a perquisite and it contains the following points.
# The type of drug and alcohol testing.
# The consequences if the employee tests positive
# A statement which entitles an employee to know more about this.
# The procedures, consequences and random sampling.
3) The Notice
There is no need for a written notice and the employee can conduct the test as and when he/she likes. In case he/she is participating in the voluntary drug free workplace program, the need for a written policy is considered a perquisite. Thee DFWP states that the employer needs to give a sixty day notice to his/her employees before conducting the test.
4) The Costs Involved
In the case of a medical test, which includes drug or alcohol testing, the costs need to be bourn by the employer. In the case of the voluntary DFWP, the costs need to be bourn by the employer again.
5) The Consequences Attached
As such there are no consequences attached for those who fall under the category of willful testing but those who choose to opt for the DFWP program need to understand that if an employee is injured due to his own neglect, the chances of his/her worker’s compensation being cancelled are rather high.
6) Who All Are Eligible
Although there is no and fast eligibility criteria in the state of Tennessee, it needs to be noted that employees who are engaged in hazardous professions such as works contractors and child care transportation workers need to follow the DFWP laws.
7) The DOT Rules
The voluntary drug free workplace testing requires the employers to follow the basic DOT rules. According to the rules, marijuana, cocaine, amphetamines, opiates and PCP are to be tested on a mandatory basis. In case the employer is not following the drug free program, he/she is free to do what he/she likes.
8) The Applicants
After a conditional offer of employment, the employers must ask the employees to enroll for a drug free testing program. In case the employee is tested positive, the employer has the discretion of removing him/her from the assigned post.
9) Routine Fitness For Duty
As a part of the routine fitness programs, the employers are asked to undergo regular fitness program. Programs mandated by the government agencies, volunteer employee health screenings and employee wellness programs can be exempted from this routine.
10) Collective Bargains Agreement
According to voluntary DFWP program, “the application of the provisions of this chapter is subjected to the provisions of any applicable collective bargaining agreement.”
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