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Tennessee Drug Testing Compliance

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Tennessee

Legal status for workplace drug screening and alcohol testing

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Our intent is to make Tennessee drug screening compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in this state.

Tennessee is a “Open” state, which means there are no state statutes, regulations, or known court decisions that would limit your choices for implementing a drug or alcohol testing program. Testing is your choice; however, there may be federal rules to consider that may restrict your program in other ways.

This overview is to introduce you to the nature and history of the state’s workplace drug testing rules and to provide a basic understanding of the Tennessee drug and alcohol compliance issues you may face when testing.

Drug Testing Overview:

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: No specific requirements for employer drug screening policies in Tennessee.
Q2: Please choose a reason for drug and alcohol testing:
No
No
No (but must have facts)
Yes - Review OSHA new ruling
No
No
No
Q3: Are there any state requirements for test methods?
A: All types of testing are required except for random (which is permitted but not required) and return-to-duty (which is not mentioned).
Q4: Are there any state requirements or limitation for drugs you can test for?
A: SAMHSA panel plus alcohol.
Q5: Are there any state requirements or limitations for specific notice of result?
A: No restrictions.
Q6: Is it required to use a Certified Laboratory?
A: SAMHSA, CAP, or other authority recognized by the state; lab must comply with DOT lab regulations or other procedures approved by the state.
Q7: What types of specimens can we test for?
A: “Tissue, fluid, or a product of the human body capable of revealing the presence of alcohol or drugs or their metabolites:" however, oral fluid and hair testing are prohibited under the voluntary law.
Q8: Are there restrictions for Alcohol Testing?
A: Required in some instances involving safety-sensitive workers. Breath and saliva per the federal guidelines.

Tennessee Drug & Alcohol Testing Laws

This state has no known statutes restricting workplace drug or alcohol testing and no known regulation limits workplace drug or alcohol testing. Since there are no known state statutes, regulations, or court decision existing in this state, you may be free, within the limits of applicable federal rules, to draft any policy you wish and to implement whatever testing program makes business sense to you. It is advisable to conduct testing according to the accepted standards of practice in the drug testing industry.

ABBREVIATIONS
  • American Association for Clinical Chemistry (AACC)
  • Blood Alcohol concentration (BAC)
  • Breath Alcohol Test (BAT)
  • Clinical Laboratory Improvement Amendments (CLIA)
  • College of American Pathologists (CAP)
  • Department of Transportation (DOT)
  • Employee Assistance Program (EAP)
  • Food and Drug Administration (FDA)
  • Forensic Urine Drug Testing (FUDT)
  • Medical Review officer (MRO)
  • National Highway Traffic Safety Administration (NHTSA) National Institute on Drug Abuse (NIDA)
  • Substance Abuse and Mental Health Administration (SAMHSA)

Did you know?

Q1. Can I do a random testing for my employees in Tennessee?

Correct!

 

Answer is “Yes”

There are no current limitations for drug and alcohol testing in Tennessee.

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Marijuana:

Tennessee Marijuana Employer Guidelines

“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.

Tennessee personal and medical use of marijuana.

Marijuana Drug Testing Compliance

Medical Use: On May 16, 2014, Governor Haslam signed SB 2531/HB 2461 into law. The statute provides proof of the legal order or recommendation from the issuing state. Proof that the person or the person's immediate family member has been diagnosed with intractable seizures or epilepsy by a medical doctor or doctor of osteopathic medicine who is licensed to practice medicine in the state of Tennessee. Cannabis oil containing the substance cannabidiol, with less than six tenths of one percent (0.6%) of tetrahydrocannabinol, including the necessary seeds and plants, when manufactured, processed, transferred, dispensed, or possessed by a four-year public or private institution of higher education certified by the drug enforcement administration located in the state as part of a clinical research study on the treatment of intractable seizures, cancer, or other diseases.

Personal Use: Tennessee does not currently have a personal use statute.

For more information regarding marijuana at work, refer to Info Cubic’s Drug Screening compliance corner.

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Court Decisions:

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

No known court cases.

N/A

N/A

N/A

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