All private and certain public employers have the option of participating in the Drug-Free Workplace Program. Employers who choose to participate must post their drug-free workplace policy at least 60 days before conducting any drug or alcohol tests. Employers must test applicants who have received a conditional offer of employment for drugs and may test for alcohol. Employers may test employees for drugs and may test employees in safety-sensitive positions or upon reasonable suspicion for drugs or alcohol. Employees have the right to explain or contest the results.
Employers can fire or refuse to hire someone who has a confirmed positive test.
The results are confidential and cannot be used in a criminal proceeding. Tenn. Code Ann. If an employee tests positive, a confirming test must be done and the employee must be provided with a copy of the results. The employer must provide counseling and rehabilitation to employees who test positive. Tenn. Code Ann.