Tenn. Comp. R. & Regs. 0800-02-12-.05 - TYPES OF TESTING

A covered employer that establishes a drug-free workplace program shall conduct the following types of drug tests, alcohol tests, or both, to the extent permitted by law and maintain documentation thereof for at least twelve (12) months:

(1) Pre-employment drug tests after a conditional offer of employment:
(a) An employer may perform or refer the job applicant for point of collection testing with a Bureau-approved device (as shown on the Bureau's website) as a screening test. Any positive test result obtained in this manner shall be confirmed by a certified laboratory.
(b) A refusal to submit to a drug test or a MRO-confirmed positive drug test may be used as a basis for refusing to hire a job applicant.
(c) An employer may, but is not required to, test job applicants for alcohol.
(d) An employer may, but is not required to, test any job applicant who has tested negative within the preceding twelve (12) months.
(2) Reasonable suspicion as defined within these Rules:
(a) Employers shall, within twenty-four (24) hours after the observed behavior, document in writing the circumstances which formed the basis of the determination that reasonable suspicion existed to warrant the drug testing and/or alcohol testing.
(b) A copy of this documentation shall be given to the employee and the original documentation shall be kept confidential by the covered employer pursuant to T.C.A. Section 50-9-109 and shall be retained by the covered employer for at least twelve (12) months.
(3) Routine fitness-for-duty as required by employer policy or applicable law.
(4) Follow-up to a positive test:
(a) At least once per year for a two (2) year period following a positive drug or alcohol test, the covered employer shall conduct a follow-up drug test, alcohol test, or both, as appropriate.
(b) In those cases in which the employee voluntarily entered treatment not based on an employer-administered drug or alcohol test, the covered employer is not required to conduct follow-up testing.
(c) Advance notice of a follow-up testing date shall not be given to the employee.
(5) Post-accident:
(a) After an accident which results in an injury to any employee, the covered employer shall conduct a drug test, an alcohol test, or both, in accordance with these rules.
(b) Emergency medical care shall not be withheld or delayed for collection of drug and/or alcohol test specimens.
(c) The injured employee shall submit to testing when the injury is reported to the employer.


Tenn. Comp. R. & Regs. 0800-02-12-.05
Original rule filed January 26, 1998; effective April 11, 1998. Amendment filed August 23, 1999; effective December 29, 1999. Amendments filed September 15, 2008; effective January 29, 2009. Amendments to rule filed February 5, 2018; effective 5/6/2018.

Authority: T.C.A. §§ 50-6-101, 50-6-419, 50-9-106, and 50-9-111.

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