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.
The Workers' Compensation Premium Reduction Act allows a 5 percent discount on workers' compensation premiums to employers who implement drug-free workplace programs in compliance with the Act. The program must include a written policy with specific information, strict procedures regarding collection of samples and evaluation, and confidentiality of results (TN Code Sec. 50-9-101et seq.).
A copy of the written policy must be provided to applicants and employees. Employers must allow 60 days to elapse between giving notice and implementing the program. The written policy must include:
Employers must include notice of drug and alcohol testing on vacancy announcements for jobs in which drug and alcohol testing is required. A notice of the employer's policy must be posted in an appropriate and conspicuous place. Copies of the policy must be made available for inspection by employees and applicants during regular business hours. Notice must ...