Tennessee Memo to All Employees Regarding Drug Testing
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FAQ
The cut-off levels for pre-employment drug tests can vary based on the type of substances being tested. Commonly, employers refer to specific guidelines set forth by the Substance Abuse and Mental Health Services Administration (SAMHSA). Employers will outline these standards in their Tennessee Memo to All Employees Regarding Drug Testing for clarity and consistency in testing practices.
Drug and alcohol testing in the workplace is not enforceable by law, and an employee cannot be forced to provide a sample of urine, salvia, hair or blood.
The provisions prohibit employers from using drug testing or the threat of a drug test to discourage workers from reporting on-the-job injuries and illnesses. Specifically, OSHA said employers shouldn't administer blanket post-accident drug tests in situations when drug use likely did not cause an injury.
49 CFR Part 40, or Part 40 as we call it, is a DOT-wide regulation that states how to conduct testing and how to return employees to safety-sensitive duties after they violate a DOT drug and alcohol regulation. Part 40 applies to all DOT-required testing, regardless of mode of transportation.
Indiscriminate testing of employees for drug use is an intrusive and degrading process that undermines our most deeply held tenets of fairness and privacy in the workplace. It should not be surprising, then, that a recent study concluded that workplace drug testing lowers productivity.
Safety-sensitive positions requiring post-offer, pre-employment drug testing are: principal, assistant principal, teacher, traveling teacher, teacher aide, substitute teacher, school secretary, school security officer and school bus driver.
You have the right to a safe workplace. The Occupational Safety and Health Act of 1970 (OSH Act) was passed to prevent workers from being killed or otherwise harmed at work. The law requires employers to provide their employees with working conditions that are free of known dangers.
Like a number of other states, Tennessee has a drug-free workplace program regulating drug testing. Employers who establish such a program can qualify for a discount on their workers' compensation insurance premiums.
Tennessee Alcohol and Drugs: What you need to know With exceptions in specific industries (discussed below), the state has no law that regulates or requires drug testing in the private sector; however, employers should be sensitive to the privacy issues involved in conducting such testing.
Under the new rule, post-accident drug-testing is okay only if there is an objectively reasonable basis. According to OSHA, this can include situations where employee drug use is likely to have contributed to the incident, and/or when the drug test can accurately identify impairment caused by drug use.
