§ 50-9-113. State and Local Government Construction Contracts
Each employer with five (5) or more employees receiving pay who contracts with the state or any local government to provide construction services or who is awarded a contract to provide construction services or who provides construction services to the state or local government shall submit an affidavit stating that the employer has a drug-free […]
§ 50-9-114. Information to Be Included Within Bid or Procurement Specifications for Construction Services — Contesting a Contract
The state or any local government, including departments, divisions, or agencies thereof, shall include within any bid or procurement specifications for construction services the following information: A statement as to whether the governmental entity issuing a construction service bid or other procurement specification operates a drug-free workplace program as certified under this chapter or operates […]
§ 50-9-115. Report of Healthcare Practitioner Who Tests Positive for Any Drug or Refuses to Submit to Drug Test
Notwithstanding this chapter, a covered employer who has employees who are healthcare practitioners for the purposes of § 63-1-126 shall report a healthcare practitioner who tests positive for any drug on any government or private sector preemployment or employer-ordered confirmed drug test, or who refuses to submit to a drug test, to the department of […]
§ 50-8-104. Remittance of Tip to Marketplace Contractor
If a third party uses a marketplace platform’s online-enabled application, software, website, or system to engage the services of a marketplace contractor and the marketplace platform provides an option for third parties to include a tip in connection with the transaction, then the marketplace platform shall remit the tip to the marketplace contractor and shall […]
§ 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 […]
§ 50-9-102. Applicability
Sections 50-9-103 — 50-9-111 apply to a drug-free workplace program implemented pursuant to rules adopted by the administrator of the bureau of workers’ compensation. The application of this chapter is subject to the provisions of any applicable collective bargaining agreement. Nothing in the program authorized by this chapter is intended to authorize any employer to […]
§ 50-9-103. Chapter Definitions
As used in this chapter, unless the context otherwise requires: “Alcohol” has the same meaning in this chapter when used in the federal regulations describing the procedures used for testing of alcohol by programs operating pursuant to the authority of the United States department of transportation, currently compiled at 49 CFR part 40. It is […]
§ 50-9-104. Testing for Drugs or Alcohol Authorized — Conditions for Testing — Effect of Failure to Comply
A covered employer may test a job applicant for alcohol or for any drug described in § 50-9-103; provided, that, for public employees, the testing shall be limited to the extent permitted by the Tennessee and federal constitutions. A covered employer may test an employee for any drug defined in § 50-9-103, and at any […]
§ 50-9-105. Written Policy Statement
One (1) time only, prior to testing, a covered employer shall give all employees and job applicants for employment a written policy statement that contains: A general statement of the covered employer’s policy on employee drug or alcohol use, which must identify: The types of drug or alcohol testing an employee or job applicant may […]
§ 50-9-106. Required Drug or Alcohol Tests
To the extent permitted by law, a covered employer who establishes a drug-free workplace is required to conduct the following types of drug or alcohol tests: Job Applicant Drug and Alcohol Testing. A covered employer must, after a conditional offer of employment, require job applicants to submit to a drug test and may use a […]