Section 0800-02-12-.08 - ALCOHOL TESTING(1) Alcohol testing shall be conducted using either a breathalyzer or a law enforcement obtained blood test.(2) All specimens identified as positive shall be confirmed according to the provisions of 49 C.F.R. Part 40 applicable on the date of testing.(3) The level for a positive test for alcohol for safety-sensitive employees found in 49 C.F.R., Part 40 shall apply to all employees.(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) An employee in a safety-sensitive position may be tested for alcohol based on reasonable suspicion, routine fitness-for-duty, follow-up, or post-accident.Tenn. Comp. R. & Regs. 0800-02-12-.08
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. 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.