Tennessee Workers’ compensation laws and regulations have created a voluntary program of drug testing that can result in reduced premiums for Workers’ compensation insurance and denial of Workers’ compensation benefits to impaired workers. T.C.A. § 50-9-101 et seq. This program is optional – employers are not required to participate.
The statutes establishing these drug-free-workplace programs expressly restrict drug testing to constitutional limits. These statutes neither permit nor require an employer to conduct unconstitutional drug tests. Op. Tenn. Att'y Gen. 14-52 (April 24, 2014). Accordingly, the program must be carefully tailored to the needs of the government employer so that the employees’ constitutional rights are not infringed. See “Government Employee Drug Testing—the Constitutional Issues” for more information.
Counties wishing to participate in the state’s drug free workplace program can obtain more information about the state program, or request a drug free workplace program information kit, by contacting:
Drug Free Workplace Program
220 French Landing Drive
Nashville, TN 37243-1002
Or visit the state's Drug Free Workplace Program website.