Tennessee § 50-9-111 - Rules and regulations — Guidelines for state testing program.

§ 50-9-111. Rules and regulations — Guidelines for state testing program.

The administrator of the bureau of workers' compensation is authorized to adopt rules, using the rules and guidelines adopted by the department of health and criteria established by the United States department of health and human services and the United States department of transportation as guidelines for modeling the state drug and alcohol testing program, concerning, but not limited to: Standards for licensing drug and alcohol testing laboratories and suspension and revocation of the licenses; Body specimens and minimum specimen amounts that are appropriate for drug or alcohol testing; Methods of analysis and procedures to ensure reliable drug or alcohol testing results, including the use of breathalyzers and standards for initial tests and confirmation tests; Minimum cut-off detection levels for alcohol, each drug or metabolites of the drug for the purposes of determining a positive test result; Chain-of-custody procedures to ensure proper identification, labeling and handling of specimens tested; and Retention, storage and transportation procedures to ensure reliable results on confirmation tests and retests. The administrator of the bureau of workers' compensation is authorized to adopt relevant federal rules concerning drug and alcohol testing as a minimum standard for testing procedures and protections that the administrator may exceed. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The administrator of the bureau of workers' compensation shall consider drug testing programs and laboratories operating as a part of the College of American Pathologists — Forensic Urine Drug Testing Programs in issuing guidelines or promulgating rules relative to recognized authorities in drug testing. The administrator is authorized to set education program requirements for drug-free workplaces by rules promulgated in accordance with the requirements of the Uniform Administrative Procedures Act. The requirements shall not be more stringent than the federal requirements for workplaces regulated by the United States department of transportation rules. The requirements shall not require an employer to provide annual education or awareness training for each employee if all existing employees have undergone such training at least once and have acknowledged annually in writing the existence of the employer's drug-free workplace policy. Acts 1996, ch. 944, § 50; 1997, ch. 533, §§ 7, 47, 48; 1999, ch. 520, § 41; 2011, ch. 410, § 10(f); 2014, ch. 903, § 12; 2015, ch. 341, § 16; 2016, ch. 1056, § 4. Compiler's Notes. For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410. Amendments. The 2014 amendment substituted “administrator of the division of workers' compensation” for “commissioner of labor and workforce development” throughout the section; substituted “administrator may exceed” for “commissioner may exceed” at the end of the first sentence of (b); and substituted “The administrator” for “The commissioner” at the beginning of present (d). The 2015 amendment substituted “bureau of workers' compensation for “division of workers' compensation” throughout the section. The 2016 amendment added the last sentence in (d). Effective Dates. Acts 2014, ch. 903, § 14. July 1, 2014. Acts 2015, ch. 341, § 19. May 4, 2015. Acts 2016, ch. 1056, § 6. July 1, 2016.