To qualify for savings on workers’ compensation premiums, Tennessee companies must drug test applicants and employees.
If your Tennessee employer or a potential employer has requested you to submit to a drug test, you should be aware of your legal options. Employer drug testing is subject to minimal restrictions under federal law: Although the federal government mandates employers in a few safety-sensitive areas (such as transportation, aviation, and contractors with NASA and the Department of Defense) to conduct drug tests, federal law does not require – or ban – drug tests in other situations. This region is mostly governed by state and local regulations.
Tennessee, like many other states, has a drug-free workplace policy that regulates drug testing. Employers that implement such a program may be eligible for a reduction in their workers’ compensation insurance rates. To get their discount, companies must fulfill the state’s requirements.
In certain cases, Tennessee law requires employers that desire the workers’ compensation discount to drug test employees and applicants.
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Tennessee Job Application Procedures
To qualify as a drug-free workplace in Tennessee, a business must test candidates who have received a conditional offer of employment. More restricted testing is permitted if it is undertaken on the basis of acceptable work role categories. For example, if an employer does not wish to test every job candidate, he or she may test just those whose occupations would entail potentially hazardous activities (such as operating heavy machinery or carrying a weapon).
Employers that demand drug tests must put a notice in their job adverts and posts that they do so.
Employee Regulations in Tennessee
A Tennessee firm seeking to be certified as a drug-free workplace must conduct the following tests on employees:
who are in safety-sensitive positions as a result of a workplace accident resulting in injury as part of a routine fitness-for-duty medical exam (if required by the employer’s policy), as a follow-up to a required rehabilitation program, or upon reasonable suspicion that the employee is under the influence. An employer that conducts drug testing based on reasonable suspicion must record the behavior on which the suspicion is founded within 24 hours or before the drug test results are revealed, whichever comes first. On request, the employer must provide a copy of this documents to the employee.
Employees have five days to explain or oppose a good outcome. An employee may not be dismissed, penalized, or discriminated against for voluntarily seeking drug addiction treatment unless the person has already tested positive or has been enrolled in a rehabilitation or treatment program.
Legal Claims Relating to Drug Testing
Despite the fact that Tennessee law permits employers to perform drug tests, workers and candidates may have legal claims depending on how the test was done, who was tested, or how the findings were utilized. Here are a few such examples:
State laws and procedures have been violated. Although an employer has the legal authority to test, it must follow the rules of the state.
Discrimination based on disability. The Americans with Disabilities Act (ADA) protects applicants and employees who are using disability medicines. Some authorized pharmaceuticals show up on drug tests, whereas some illicit substances (such as opiates) are properly prescribed for specific ailments. If an application is denied due to a positive drug test and the applicant’s prescription was lawfully prescribed for a handicap, the employer may be held accountable.
Other charges of discrimination. An employer that targets certain categories of workers for drug testing, such as by color, age, or gender, may face a discrimination lawsuit.
Invasion of one’s privacy. Even if an employer is permitted or obligated to test, the manner in which the exam is conducted may breach employee privacy. Having workers disrobe or produce a urine sample in front of others, for example, might be an invasion of their privacy, depending on the circumstances.
Defamation. If the employer publicizes that the employee tested positive, the employer knew or obviously should have known that the test result was incorrect, and the employer did not act in good faith, the employee may have a legitimate claim for defamation.