FAQ Tennessee Drug Free

The information listed below has been taken from the Tennessee Drug Free booklet that can be found on our links page. However, each company’s policy and needs will differ and you should consult with Legal Counsel as well as your Human Recourses adviser prior to implementing a drug free program.

The included information applies ONLY to the state of Tennessee and companies doing business in other states should check for applicable state laws governing compliance for a drug free workplace.

All the answers and information you need to implement the program can be found in the Tennessee Drug Free Workplace Employer’s Program Development and Implementation Guide. Download Entire Employer's Implementation Guide in PDF Format found in the Rules of Department of Labor Division of Workers' Compensation.

Here are a few Frequently Asked Questions about the Tennessee Drug Free program:

Why do I need a drug free workplace policy?

• 60% of the world’s production of illegal drugs is consumed in the U.S.
• Nearly 70% of current users of illegal drugs are employed.
• Nearly 1 in 4 employed Americans between the ages of 18 - 35 have illegally used drugs in the past year.
• One-third of employees know of the illegal sale of drugs in their workplace.
• 20% of young workers admit using marijuana on the job.

What is the difference between the TN Drug Free and regular drug free programs?

It’s Good for Employers. The covered employers choosing to participate in this voluntary program will be entitled to the following, (pursuant to T.C.A. 50-6-418, 50-9-100 et. seq., and 50-6-110 ):

• Receive a 5% premium credit on their workers’ insurance policy.
• Discharge or discipline of an employee, or refusing to hire a job applicant, who is found to be in violation of the covered employer’s Drug-Free Workplace Program will be considered done for cause.
• If an employee suffers a workplace injury and receives a positive confirmed post-accident drug test for illegal use of drugs or alcohol, or refuses to submit to a post-accident drug or alcohol test, the burden of proof is shifted to the employee.

How does that affect me?

• WORKERS’ COMPENSATION: 38% to 50% of all Workers’ Compensation claims are related to substance abuse in the workplace; substance abusers file three to five times as many Worker’s Compensation claims.
• MEDICAL COSTS: Substance abusers incur 300% higher medical costs than non-abusers.
• ABSENTEEISM: Substance abusers are 2.5 times more likely to be absent eight or more days a year.
• LOST PRODUCTIVITY: Substance abusers are 1/3rd less productive.
• EMPLOYEE TURNOVER: It costs a business an average of $7000 to replace a salaried worker.

Is it hard to set up?

It’s Not Difficult. Model policies and programs are available. You’ll find sample letters & forms in the booklet.

It’s Not Expensive. Use existing materials and the information provided, it’s all you need to get started. The guide will assist you in developing a comprehensive program including drug and alcohol testing, supervisor training, employee education and providing employee assistance. Covered employers should realize a cost savings that is sufficient to pay for most programs.

You don’t have to do it alone. Mobile Diagnostics, Inc can assist you in choosing an appropriate drug panel, answering questions and even administrating your random testing program.

Do I need to test all of my employees?

Yes, however there are guidelines you must follow that are listed on the link.

Do I need to notify my current employees?

Yes, you must give them a 60 day notice that you are putting the policy in place. Once your drug-free plan is in place, new hires can tested immediately.

Current employees must be notified at least 60 days before drug & alcohol testing can begin. (T.C.A. Section 50-9-105) Place notices in prominent locations throughout your business facilities as well as on your employment applications. All employees must be given a copy of your substance abuse policy statement and sign a drug & alcohol testing consent form.

Other than when they are hired, When can I test an employee?

1. When there is reasonable suspicion to believe that an employee is illegally using drugs or abusing alcohol.‘ Reasonable suspicion’ is based on a belief that an employee is using or has used drugs or alcohol in violation of the employer’s policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Among other things, such facts and inferences may be based upon, but not limited to, the following:
1. Observable phenomena while at work such as direct observation of substance abuse or of the physical symptoms or manifestations of being impaired due to substance abuse;
2. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance;
3. A report of substance abuse provided by a reliable and credible source;
4. Evidence that an individual has tampered with any substance abuse test during his or her employment with the current employer;
5. Information that an employee has caused or contributed to an accident while at work; or
6. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the employer’s premises or while operating the employer’s vehicle, machinery, or equipment.
2. When employees have caused or contributed to an on-the-job injury that resulted in a loss of work-time, which means any period of time during which an employee stops performing the normal duties of employment and leaves the place of employment to seek care from a licensed medical provider. An employer may send employees for a substance abuse test if they are involved in on-the-job accidents where personal injury or damage to company property occurs.
3. As part of a follow-up program to treatment for drug abuse.
4. Routine fitness-for-duty drug or alcohol testing. A covered employer must require an employee to submit to a drug or alcohol test if the test is conducted as part of a routinely scheduled employee fitness-for-duty medical examination where the examinations are required by; law, regulation, are part of the covered employer’s established policy, or one that is scheduled routinely for all members of an employment classification group.

What if they refuse to submit to the test?

Failure to submit to a required substance abuse test also is misconduct and also shall be subject to discipline up to and including termination.

Do I have to test for certain drugs?

Substance abuse testing for job applicants and employees will include a urinalysis screen for the following drugs:

• Amphetamines: “ speed,” “uppers,” etc. Cannabinoids: THC, marijuana, hashish, “pot,” “grass,” “hash,” etc. Cocaine: “ coke,” “crack,” etc. Phencyclidine: PCP, “angel dust.” Opiates: Narcotics, Heroin, Codeine, Morphine, “smack,” “dope,” etc...
• Alcohol: (not required for job applicant testing) Any “Alcoholic Beverage”, all liquid medications containing ethyl alcohol (ethanol). Please read the label for content. For example: Vicks Nyquil™ is 25% (50 proof) ethyl alcohol, Comtrex™ is 20% (40 proof), Contac Severe Cold Formula Night Strength™ is 25% (50 proof) and Listerine™ is 26.9% (54 proof).

Should I perform random testing?

It is not required, however, we do strongly suggest that you randomly test 25 to 50 percent of your employees annually in order to create a truly drug free workplace.

Do I have to renew annually?

Yes.

Please Remember - covered employers must re-certify their compliance each year with the Tennessee Department of Labor. A Tennessee Drug-Free Workplace Application Form, (LB-0393 ed. 9-97), must be submitted at the renewal of the worker’s compensation insurance policy or before the anniversary date of original Tennessee Department of Labor certification.