By: Allen Grant, Partner, Nashville

In Tennessee, the new OSHA guidelines prohibiting mandatory post-accident drug or alcohol screens highlight the importance of the Tennessee Drug Free Workplace Program (DFWP).  While the OSHA rules prohibit this mandatory screening, employers that are members of the Tennessee DFWP are actually required to conduct post-accident screens for accidents that result in injury. Therefore, the DFWP program should operate to protect the employer from running afoul of the OSHA guidelines.  Through some recent changes, the Tennessee Bureau of Worker’s Compensation has sought to lower the barriers to employers implementing and registering for the program in order to encourage more to do so. In addition to serving as the grounds to conduct mandatory post-accident screens, being a part of the Tennessee Drug Free Workplace Program also affords the employer with critical legal presumptions that we can use to support the affirmative defense of intoxication, which if proven serves as an absolute bar to compensability.  If you have further questions about the Tennessee Drug Free Workplace Program and how it might be beneficial to you, please contact our Tennessee office.