Tennessee § 50-9-101 - Legislative intent.

§ 50-9-101. Legislative intent.

It is the intent of the general assembly to promote drug-free workplaces in order that employers in this state be afforded the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace and reach their desired levels of success without experiencing the costs, delays and tragedies associated with work-related accidents resulting from drug or alcohol abuse by employees. It is also the intent of the general assembly that employers obtaining certification as a drug-free workplace under rules promulgated by the bureau should be able to renew that certification on an annual basis without requiring repeated annual training of existing employees; provided, however, the employer certifies on a form prescribed by the bureau that all existing employees have undergone training at least once and have acknowledged annually in writing the existence of the employer's drug-free workplace policy. It is further the intent of the general assembly that drug and alcohol abuse be discouraged and that employees who choose to engage in drug or alcohol abuse face the risk of unemployment and the forfeiture of workers' compensation benefits. If an employer implements a drug-free workplace program in accordance with this chapter, which includes notice, education and procedural requirements for testing for drugs and alcohol pursuant to rules developed by the division, the covered employer may require the employee to submit to a test for the presence of drugs or alcohol and, if a drug or alcohol is found to be present in the employee's system at a level prescribed by statute or by rule adopted pursuant to this chapter, the employee may be terminated and forfeits eligibility for workers' compensation medical and indemnity benefits. However, a drug-free workplace program must require the covered employer to notify all employees that it is a condition of employment for an employee to refrain from reporting to work or working with the presence of drugs or alcohol in the employee's body and, if an injured employee refuses to submit to a test for drugs or alcohol, the employee forfeits eligibility for workers' compensation medical and indemnity benefits. Acts 1996, ch. 944, § 50; 1997, ch. 533, § 17; 2016, ch. 1056, § 3. Compiler's Notes. Acts 1996, ch. 944, which enacted this chapter, is known and may be cited as the “Workers' Compensation Reform Act of 1996.” Amendments. The 2016 amendment added the second sentence in (a). Effective Dates. Acts 2016, ch. 1056, § 6. July 1, 2016. Law Reviews. Employee Investigations: Representation Rights Expanded to Nonunion Employees (Mark H. Floyd), 36 No. 10 Tenn. B.J. 13 (2000). Attorney General Opinions. Confidentiality of public employee's drug-free workplace program records in personnel records, OAG 99-126 (6/29/99). The Tennessee department of correction is eligible to become a “covered employer” under the drug-free workplace program, OAG 04-019 (2/09/04). If the Tennessee department of correction elects to implement a drug-free workplace program, it need not comply with T.C.A. § 41-1-121 , OAG 04-019 (2/09/04). If the Tennessee department of correction implements the drug-free workplace program, employees not in “safety-sensitive positions” may be required to submit to tests for alcohol only when the test is based upon “reasonable suspicion,” and employees in safety-sensitive positions may only be tested for alcohol use on particular occasions; provided such testing comports with federal law, its employees may be tested randomly for drugs, OAG 04-019 (2/09/04). Drug-free workplace programs. OAG 14-52, 2014 Tenn. AG Lexis 52 (4/24/14) Collateral References. Validity and operation of pre-employment drug testing — State cases. 96 A.L.R.5th 485.