Tennessee Code Annotated
Tenn. Code Ann. § 50-9-101 (2026)
Legislative intent
✓ current as of May 2026
- (a) 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 from drug or alcohol abuse by employees. It is also the intent of the general assembly that employers obtaining certification as a drug-free workplace under rules promulgated by the bureau should be able to renew that certification on an annual basis without requiring repeated annual training of existing employees; provided, however, the employer certifies on a form prescribed by the bureau that all existing employees have undergone training at least once and have acknowledged annually in writing the existence of the employer's drug-free workplace policy. It is further the intent of the general assembly that drug and alcohol abuse be discouraged and that employees who choose to engage in drug or alcohol abuse face the risk of unemployment and the forfeiture of workers' compensation benefits.
- (b) If an employer implements a drug-free workplace program in accordance with this chapter, which includes notice, education and procedural requirements for testing for drugs and alcohol pursuant to rules developed by the division, the covered employer may require the employee to submit to a test for the presence of drugs or alcohol and, if a drug or alcohol is found to be present in the employee's system at a level prescribed by statute or by rule adopted pursuant to this chapter, the employee may be terminated and forfeits eligibility for workers' compensation medical and indemnity benefits. However, a drug-free workplace program must require the covered employer to notify all employees that it is a condition of employment for an employee to refrain from reporting to work or working with the presence of drugs or alcohol in the employee's body and, if an injured employee refuses to submit to a test for drugs or alcohol, the employee forfeits eligibility for workers' compensation medical and indemnity benefits.
Amended by 2016 Tenn. Acts, ch. 1056, s 3, eff. 7/1/2016.
Acts 1996, ch. 944, §50; 1997 , ch. 533, § 17.
Notes of Decisions
Cited in 13
cases, 1997–2018 · 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). “§ 50-9-101(a) (2005). In furtherance of these goals, the statute provides that “if an employer implements a drug-free workplace program” in accordance with the rules adopted by the Commissioner of Labor and Workforce Development, the employer may require drug testing, and “if a…”
Stein v. Davidson Hotel Co., 945 S.W.2d 714 (Tenn. 1997). “Tenn.Code Ann. § 50-9-101(a) (1996 Supp.) (emphasis added).”
Velma Bates v. Dura Auto. Sys., Inc., 767 F.3d 566 (6th Cir. 2014). “Tenn. Code Ann. §§ 50-9-101 (b), 50-9- 105(a) & (b).”
Oksana Oleszko v. State Comp. Ins. Fund, David Howard, & Dora Cooke, 243 F.3d 1154 (9th Cir. 2001). “§ 44-107-30 (2000); Tenn.Code Ann. § 50-9-101 (2000). Similarly, a provision of the Small Business Act ( 15 U.”
Bowlin, Nicole v. Servall, LLC, 2018 TN WC App. 6 (Tenn. Work. Comp. App. Bd. 2018). “” Tenn. Code Ann. § 50-9-101 (a) (2017). Further, the General Assembly intended that “drug and alcohol abuse be discouraged and that employees who choose to engage in drug or alcohol abuse face the risk of unemployment and the forfeiture of workers’ compensation benefits.”
City of Morristown v. Rebecca A. Long (Tenn. Ct. App. 2005). “This policy, established pursuant to Tenn. Code Ann. §50-9-101 , et seq, provides that “[i]t is a violation of City policy for any employee to use, possess, sell, trade, offer to sale [sic], or offer to buy illegal drugs or otherwise engage in the illegal use of drugs on or off…”
State of Tennessee v. Marshall Ward Howell (Tenn. Crim. App. 2006). “Tenn. Code Ann. § 50-9-101 (a). As an incentive to participate in a drug-free workplace program, an employer is afforded the opportunity to qualify for a credit toward its workers' compensation insurance premiums as well as deny workers' compensation medical and indemnity…”
Smith Cnty. Educ. Ass'n v. Smith Cnty. Bd. of Educ., 781 F. Supp. 2d 604 (M.D. Tenn. 2011). “The 2004 policy states that it was established under the Tennessee Drug-Free Workplace Act of 1988, Tenn.Code Ann. § 50-9-101 et seq. (Id. ¶ II D).”
Young, Sundance v. Pleasant View Home Repair, 2015 TN WC 6 (Tenn. Ct. Work. Comp. Cl. 2015). “She admitted that her business does not participate in the Tennessee Drug Free Workplace Program under Tennessee Code Annotated sections 50-9-101 - 114. Mr. Young's Contentions Mr.”
Ellis, John v. A Air-One Serv., 2015 TN WC App. 9 (Tenn. Work. Comp. App. Bd. 2015). “" Tenn. Code Ann. § 50-9-101 (a). Further, the general assembly intended that "drug and alcohol abuse be discouraged and that employees who choose to engage in drug or alcohol abuse face the risk of unemployment and the forfeiture of workers' compensation benefits.”
Polk, Ricky v. Delta Faucet, 2018 TN WC App. 43 (Tenn. Work. Comp. App. Bd. 2018). “Collins testified that Employer was a certified drug-free workplace pursuant to Tennessee Code Annotated sections 50-9-101 through -115 (2017). She testified that “consistent with [Employer’s] policy, based on what happened during [Employee’s] drug screen,” his employment was…”
Kimberly A. Sparkman v. Burns Phillips, Comm'r, Tennessee Dep't of Labor & Workforce Dev., & First Tennessee Bank, N. A. (Tenn. Ct. App. 2014). “In this case, the testimony before the Appeals -7- Tribunal indicates that the Bank is not certified as a Drug-Free Workplace under the Act but nevertheless chose to base its alcohol policies on the Act. In arguing that the Bank had to have “reasonable suspicion” in order to ask…”
— Tenn. Code Ann. § 50-9-101(a) — 3 cases
Stein v. Davidson Hotel Co., 945 S.W.2d 714 (Tenn. 1997). “Tenn.Code Ann. § 50-9-101(a) (1996 Supp.) (emphasis added).”
Interstate Mech. Contractors, Inc. v. McIntosh, 229 S.W.3d 674 (Tenn. 2007). “§ 50-9-101(a) (2005). In furtherance of these goals, the statute provides that “if an employer implements a drug-free workplace program” in accordance with the rules adopted by the Commissioner of Labor and Workforce Development, the employer may require drug testing, and “if a…”
Bowlin, Nicole v. Servall, LLC, 2018 TN WC App. 6 (Tenn. Work. Comp. App. Bd. 2018). “” Tenn. Code Ann. § 50-9-101 (a) (2017). Further, the General Assembly intended that “drug and alcohol abuse be discouraged and that employees who choose to engage in drug or alcohol abuse face the risk of unemployment and the forfeiture of workers’ compensation benefits.”
— Tenn. Code Ann. § 50-9-101(b) — 1 case
Interstate Mech. Contractors, Inc. v. McIntosh, 229 S.W.3d 674 (Tenn. 2007). “§ 50-9-101(a) (2005). In furtherance of these goals, the statute provides that “if an employer implements a drug-free workplace program” in accordance with the rules adopted by the Commissioner of Labor and Workforce Development, the employer may require drug testing, and “if a…”
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