(a) All specimen collection and testing for drugs and alcohol under this chapter shall be performed in accordance with the procedures provided for by the United States department of transportation rules for workplace drug and alcohol testing compiled at 49 C.F.R. part 40.
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Terms Used In Tennessee Code 50-9-107

  • Covered employer: means a person or entity that employs a person, is covered by the Workers' Compensation Law, compiled in chapter 6 of this title, maintains a drug-free workplace pursuant to this chapter and includes on the posting required by §. See Tennessee Code 50-9-103
  • Drug: means any controlled substance subject to testing pursuant to drug testing regulations adopted by the United States department of transportation. See Tennessee Code 50-9-103
  • Drug or alcohol rehabilitation program: means a service provider that provides confidential, timely and expert identification, assessment and resolution of employee drug or alcohol abuse. See Tennessee Code 50-9-103
  • Employee: means any individual who performs services for a covered employer for wages if the services performed by the individual qualify as an employer-employee relationship with the employer based upon consideration of the following twenty (20) factors as described in the twenty-factor test of Internal Revenue Service Revenue Ruling 87-41, 1987-1 C. See Tennessee Code 50-9-103
  • Employee assistance program: means an established program capable of providing expert assessment of employee personal concerns. See Tennessee Code 50-9-103
  • Employer: means a person or entity that employs a person and that is covered by the Workers' Compensation Law, compiled in chapter 6 of this title. See Tennessee Code 50-9-103
  • Job applicant: means a person who has applied for a position with a covered employer and who has been offered employment conditioned upon successfully passing a drug or alcohol test, and may have begun work pending the results of the drug or alcohol test. See Tennessee Code 50-9-103
  • Specimen: means tissue, fluid or a product of the human body capable of revealing the presence of alcohol or drugs or their metabolites. See Tennessee Code 50-9-103
  • test: means any chemical, biological or physical instrumental analysis administered by a laboratory authorized to do so pursuant to this chapter, for the purpose of determining the presence or absence of a drug or its metabolites pursuant to regulations governing drug testing adopted by the United States department of transportation or other recognized authority approved by rule by the commissioner of labor and workforce development. See Tennessee Code 50-9-103
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(b) A covered employer may not discharge, discipline, refuse to hire, discriminate against or request or require rehabilitation of an employee or job applicant on the sole basis of a positive test result that has not been verified by a confirmation test and by a medical review officer.
(c) A covered employer that performs drug testing or specimen collection shall use chain-of-custody procedures established by regulations of the United States department of transportation or such other recognized authority approved by rule by the commissioner of labor and workforce development governing drug testing.
(d) A covered employer shall pay the cost of all drug and alcohol tests, initial and confirmation, that the covered employer requires of employees. An employee or job applicant shall pay the costs of any additional drug or alcohol tests not required by the covered employer.
(e) A covered employer shall not discharge, discipline or discriminate against an employee solely upon the employee’s voluntarily seeking treatment, while under the employ of the covered employer, for a drug-related or alcohol-related problem if the employee has not previously tested positive for drug or alcohol use, entered an employee assistance program for drug-related or alcohol-related problems or entered a drug or alcohol rehabilitation program. Unless otherwise provided by a collective bargaining agreement, a covered employer may select the employee assistance program or drug or alcohol rehabilitation program if the covered employer pays the cost of the employee’s participation in the program. However, nothing in this chapter is intended to require any employer to permit or provide a rehabilitation program.
(f) If drug or alcohol testing is conducted based on reasonable suspicion, the covered employer shall promptly detail in writing the circumstances that formed the basis of the determination that reasonable suspicion existed to warrant the testing. A copy of this documentation shall be given to the employee upon request and the original documentation shall be kept confidential by the covered employer pursuant to § 50-9-109, and shall be retained by the covered employer for at least one (1) year.
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