Tennessee Code Annotated
Tenn. Code Ann. § 50-6-418 (2026)
Rating plans based on drug-free workplace program participation
✓ current as of May 2026
- (a)
- (1) The department of commerce and insurance shall approve rating plans for workers' compensation insurance that give specific identifiable consideration in the setting of rates to employers that implement a drug-free workplace program pursuant to rules adopted by the bureau of workers' compensation of the department of labor and workforce development. The plans must take effect January 1, 1997, must be actuarially sound, and must state the savings anticipated to result from the drug testing. The credit shall be at least five percent (5%) unless the commissioner of commerce and insurance determines that five percent (5%) is actuarially unsound.
- (2) The commissioner is also authorized to develop a schedule of premium credits for workers' compensation insurance for employers who have safety programs that attain certain criteria for safety programs. The commissioner shall consult with the administrator of the bureau of workers' compensation in setting the criteria.
- (b) The department of commerce and insurance shall apply the drug-free workplace program credit separately to each individual company for an employer having more than one (1) company under one (1) workers' compensation insurance policy. However, no credit given to an individual company may be combined with any credit given to any other company of the common employer or to the common employer itself.
Acts 1996, ch. 944, § 51; 1999, ch. 520, § 41; 2005, ch. 390, § 14; 2013, ch. 282, § 1; 2015, ch. 341, § 15.
Notes of Decisions
Cited in 3
cases, 2006–2007 · leading case: Interstate Mech. Contractors, Inc. v. McIntosh, 229 S.W.3d 674 (Tenn. 2007).
Interstate Mech. Contractors, Inc. v. McIntosh, 229 S.W.3d 674 (Tenn. 2007). “There are several statutory incentives to employers that implement a drug-free workplace program, including a discount on workers’ compensation insurance premiums, see Tenn.Code Ann. § 50-6-418 (2005), authority for termination of an employee who tests positive for drugs or…”
State ex. rel. Flowers v. Tennessee Trucking Ass'n Self Ins. Grp. Trust, 209 S.W.3d 595 (Tenn. Ct. App. 2006). “Tenn.Code Ann. § 50-6-418 allows employers who implement a qualified drug-free workplace program to receive a credit against their premium rates.”
State Ex Rel. Flowers v. Tennessee Trucking Assn., 209 S.W.3d 595 (Tenn. Ct. App. 2006). “Tenn.Code Ann. § 50-6-418 allows employers who implement a qualified drug-free workplace program to receive a credit against their premium rates.”
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