Tennessee proposes adding kratom to drug-free workplace rules

Why it matters

Tennessee’s proposed workplace amendment could affect employees and employers participating in the state’s certified drug-free workplace program. Officials told WZTV it would not require kratom testing or cover every employer in Tennessee.

The big picture

This rulemaking is separate from Tennessee’s existing possession and sales prohibitions. The official hearing notice proposes adding kratom-related compounds to the program’s definition of a drug. The agency scheduled a November 10 hearing and accepts written comments through November 24; these materials do not establish that a final workplace rule has taken effect.

Key findings

• The proposed drug definition expressly includes natural and synthetic derivatives of mitragynine or 7-hydroxymitragynine. The official notice also proposes administrative clarifications.
• The program covers employers maintaining a certified drug-free workplace. WZTV reports that participation is voluntary and that the proposal would not apply to every Tennessee employer.
• State officials told WZTV that adding kratom to the definition would not require kratom testing. The proposed text limits testing to substances listed by the bureau unless an employee gives prior written consent for other tests.
• Officials said a qualifying positive post-accident test can create a rebuttable presumption affecting a workers’ compensation claim. This legal presumption is not scientific proof that detected kratom caused an injury.
• The official hearing page accepts written comments until 4:30 PM Central on November 24. Officials told WZTV that an effective date was undetermined and further reviews were required.

What they say

The Tennessee Department of Labor and Workforce Development says the proposed changes primarily update the definition of “drug” to specifically include kratom, with administrative changes for clarification.

Bottom line

Tennessee is proposing a kratom addition to its certified workplace program, with no final effective date or new mandatory kratom-testing requirement established by these sources.