Section 0800-02-12-.07 - DRUG TESTING(1) The list of drugs for which a covered employer shall be required to test employees and job applicants is the list on the bureau's website as posted on the date of the test and which shall be identical to the list of drugs found at 49 C.F.R., Part 40.(2) Tests for all drugs shall use the United States Department of Health and Human Services (HHS) approved methodology for screening tests and for subsequent confirmation tests and shall be performed in a H H S - certified laboratory, except as stated in Rule 0800-02-12-.05(1)(a) above.(3) The Cut Off levels for positive tests of these drugs shall be in accordance with Substance Abuse & Mental Health Services Administration (SAMHSA) guidelines.(4) As technology develops new testing methods, covered employers may rely on the results of those methods which have been approved by the Substance Abuse & Mental Health Services Administration (SAMHSA).(5) These rules do not prohibit an employer from conducting any drug testing which is otherwise permitted by law or by company policy. If drug testing is performed by an employer for drugs in addition to the testing required in Rule 0800-02-12-.07(1), the benefits listed in Rule 0800-02-12-.02(3) shall not apply with respect to testing the additional drugs not listed on the Bureau's website.(6) If an employee/job applicant receives a positive confirmed test result for an otherwise legal medication for which he/she does not hold a valid prescription, a covered employer is not prohibited from discharging the employee or refusing to hire the job applicant.Tenn. Comp. R. & Regs. 0800-02-12-.07
Original rule filed January 26, 1998; effective April 11, 1998. Amendment filed September 15, 2008; effective January 28, 2009. Emergency rule filed October 4, 2010; effective through April 2, 2011. Amendment filed October 28, 2010; effective March 31, 2011. On January 18, 2011, the Department of Labor and Workforce Development withdrew the amendment. Emergency rule filed October 4, 2010 and to have been effective through April 2, 2011 expired; on April 3, 2011 the rule reverted to its previous status. Amendment filed March 12, 2012; to have been effective June 10, 2012. The Government Operations Committee filed a stay on May 7, 2012; new effective date August 9, 2012. Amendments to rule filed February 5, 2018; effective 5/6/2018.Authority: T.C.A. §§ 50-9-101(a) and (b), 50-9-104, 50-9-106(a)(1), 50-9-107(a) and (c), 50-9-110, and 50-9-111.