Section 0800-02-12-.03 - DEFINITIONS(1) "49 C.F.R., Part 40" as used in these rules shall refer to the federal regulations pertaining to the testing of drugs or alcohol as promulgated pursuant to the authority of the United States Department of Transportation, compiled at 49 Code of Federal Regulations (C.F.R.), Part 40 in effect on the day of any drug or alcohol testing performed pursuant to these Rules.(2) "Alcohol" as used in these rules shall mean the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols, including methyl or isopropyl alcohol.(3) "Alcohol test" means an analysis of breath or blood, or any other analysis which determines the presence, absence, or level of alcohol as authorized by the relevant regulations of the United States Department of Transportation (49 C.F.R., Part 40).(4) "Certified laboratory" means any facility equipped to perform the procedures prescribed in this chapter, in accordance with the standards of the United States Department of Health and Human Services (HHS), Substance Abuse and Mental Health Services Administration (SAMHSA), or the College of American Pathologists-Forensic Urine Drug Testing (CAP-FUDT).(5) "Chain of Custody" means the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to final disposition for all such materials or substances and providing accountability at each stage in handling, testing, and storing specimens and reporting test results.(6) "Confirmed alcohol test" means a second test used to identify the presence and level of alcohol in an individual. The required testing device must be on the National Highway Traffic Safety Administration (NHTSA) conforming products list.(7) "Confirmed drug test" means a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be performed by a certified laboratory.(8) "Covered employer" means a person or entity that employs one (1) or more persons, is covered by the Workers' Compensation Law, and maintains a certified drug-free workplace pursuant to these rules.(9) "Drug" means such a substance as recognized or defined by the U.S. Food and Drug Administration; a chemical substance, such as a narcotic or hallucinogen, that affects the central nervous system, causing changes in behavior and has a risk of addiction or dependency.(10) "Drug Rehabilitation Program" means a service provider that provides confidential, timely, and expert identification, assessment, and resolution of employee drug or alcohol use.(11) "Employee" shall have the same definition as "Employee" as stated in T.C.A. Section 50-9-103.(12) "Employee Assistance Program" means an established program capable of providing expert assessment of employee personal concerns; confidential and timely identification services with regard to employee drug or alcohol abuse; referrals of employees for appropriate diagnosis, treatment, and assistance; and follow-up services for employees who participate in the program or require monitoring after returning to work. If, in addition to the above activities, an employee assistance program provides diagnostic and treatment services, these services shall in all cases be provided by the program.(13) "Employer" shall have the same definition as "Employer" as stated in T.C.A. Section 50-9-103.(14) "Healthcare practitioner" or "practitioner" means any person required to be licensed, permitted, certified, or authorized:(a) Under title 63 by a board or committee under the division of health-related boards specified in T.C.A. Section 68-1-101(a)(8), who has humans for patients; or(b) Under title 68, chapter 24, part 6; or(c) Under title 68, chapter 140.(15) "Injury" shall have the same definition of "injury" as found in T.C.A. Section 50-6-102.(16) "Initial drug or alcohol test" means a "screening test" or "initial test" pursuant to regulations governing drug or alcohol testing adopted by the United States Department of Transportation (49 C.F.R., Part 40).(17) "Job Applicant" means a person who has applied for a position with a covered employer and has been offered employment conditioned upon successfully passing a drug test or alcohol screening, and may have begun work pending the results of the drug test or alcohol screening.(18) "Medical Review Officer" or "MRO" means an MRO-certified and licensed physician who has knowledge of substance abuse disorders, laboratory testing procedures, and chain of custody collection procedures; who verifies as positive a confirmed test result; and who has the necessary medical training to interpret and evaluate an employee's positive test result in relation to the employee's medical history or any other relevant biomedical information.(19) "Point of Collection Test" or "Point of Collection Testing" means the use of one of the approved devices listed on the Bureau of Workers' Compensation website which are performed by the collector at the place and at the time the specimen is provided.(20)(a) "Prohibited Levels" for a drug or a drug's metabolites means cut-off levels on a confirmed drug test which are equal to or exceed the levels as listed on the Bureau's website and shall be considered to be presumptively positive;(b) "Prohibited Levels" for alcohol means cut-off levels on a confirmed alcohol test which are equal to or exceed the levels listed on the Bureau's website and shall be considered to be presumptively positive.(21) "Reasonable-Suspicion" means testing based on a belief that an employee is using or has used drugs or alcohol in violation of the covered employer's policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Among other things, such facts and inferences may be based upon: (a) Observable phenomena while at work, such as direct observation of drug or alcohol use or of the physical symptoms or manifestations of being under the influence of a drug or alcohol;(b) Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance;(c) A report of drug or alcohol use in the workplace, provided by a reliable and credible source;(d) Evidence that an individual has tampered with a drug or alcohol test during his employment with his/her current covered employer;(e) Information that an employee has caused, contributed to, or been involved in an accident or injury involving anyone at work; or(f) Evidence that an employee has used, possessed, sold, solicited, or transferred drugs or alcohol while working or while on the covered employer's premises or while operating the covered employer's vehicle, machinery, or equipment.(g) An accident which results in an injury to another individual or in property damage exceeding Five Thousand Dollars ($5,000.00), or such minimum amount as set by U.S. DOT Guidelines, if less, shall be presumed to constitute reasonable suspicion for purposes of these rules.(22) "Safety-Sensitive Position" shall have the same definition as "Safety-Sensitive Position" as stated in T.C.A. Section 50-9-103.(23) "Specimen" shall have the same definition as "Specimen" as stated in T.C.A. Section 50-9-103.(24) "Split Specimen" has the same definition of "split specimen" as adopted by the United States Department of Transportation (49 C.F.R. Part 40) on the date of alcohol or drug testing.Tenn. Comp. R. & Regs. 0800-02-12-.03
Original rule filed January 26, 1998; effective April 11, 1998. Amendments 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 effective through April 2, 2011 expired; on April 3, 2011 the rule reverted to its previous status. Amendment filed March 12, 2012; to have been effective June 10, 2012. The amendment was stayed by the Government Operations Committee on May 7, 2012; new effective date August 9, 2012. Amendments to rule filed February 5, 2018; effective 5/6/2018.Authority: T.C.A. §§ 50-9-103, 50-9-106, 50-9-109, and 50-9-111.