Tennessee wants to add kratom to its drug-free workplace rules, with a workers’ comp hearing on Nov. 10.

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By Preston Stewart, All Seasons Insurance Group  ·  October 8, 2026

Tennessee’s Bureau of Workers’ Compensation has scheduled two public rulemaking hearings for Tuesday, Nov. 10, 2026, in the Tennessee Room at 220 French Landing Drive in Nashville. The first, at 11 a.m. Central, covers the state’s Drug Free Workplace Programs rules. The second, at 11:30 a.m., covers Claims Handling Standards for adjusters.

Both matter to Tennessee employers that buy workers’ compensation insurance, and the claims rules matter to injured workers who want to know who is handling their file.

ItemDrug Free Workplace ProgramsClaims Handling Standards
Rule chapter0800-02-120800-02-14
HearingNov. 10, 2026, 11:00 a.m. CentralNov. 10, 2026, 11:30 a.m. Central
Secretary of State notice09-17-2609-18-26
Headline changeDefinition of “drug” specifically includes kratomAdjuster-change notice within 2 business days; claim-closure notice to providers within 30 days
Written comments[email protected] by 4:30 p.m. Central, Tuesday, Nov. 24, 2026

Drug-free workplace: kratom joins the definition

The Bureau says the drug-free workplace changes primarily update the definition of “drug” to specifically include kratom, along with administrative clarifications. The proposed text defines a drug to include natural and synthetic derivatives of the alkaloid mitragynine or its metabolite 7-hydroxymitragynine (Mitragyna speciosa, also known as kratom).

Why an insurance blog cares: Tennessee’s drug-free workplace program is tied to workers’ comp pricing and claims. Under the proposed rule text:

  • Employers that implement a certified program accrue a premium discount under T.C.A. 50-6-418 on a pro rata basis from the date of certification, and the employer’s workers’ comp insurer must apply the credit.
  • To keep receiving the discount, the employer must renew its application every year and be certified by the Bureau.
  • If an employee or job applicant has a positive confirmed post-accident drug test for a drug listed on the Bureau’s website, the person may lose entitlement to workers’ comp benefits, provided the test followed the rules. The text creates a rebuttable presumption that the drug or alcohol was the proximate cause of the injury.
  • The covered employer pays the cost of all testing it requires of employees and job applicants.

If your business is in the program, or is thinking about joining, ask your testing provider and your agent how the kratom change would fit your written policy and testing panel.

Claims handling: who is my adjuster, and is my claim closed?

The Bureau says the claims-handling amendments would clarify adjuster-change notices and add a requirement for notice when a claim is closed. In the proposed text:

  • When a claim moves to a new adjuster, that adjuster must contact the employee, the employee’s attorney if appropriate, and all known and active authorized medical providers within two business days, and give each of them the adjuster’s direct phone number, fax number, email address, and mailing address.
  • When files move in bulk, such as after one adjusting entity buys or merges with another, the deadline extends to seven business days.
  • Adjusting entities must notify all treating providers within 30 days that a claim has closed.
  • Entities must submit a Trading Partner Agreement form for electronic filings each year by July 1 and within 15 calendar days of any change.

What employers can do now

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When are Tennessee's workers' comp rulemaking hearings?

Tuesday, Nov. 10, 2026, at 220 French Landing Drive in Nashville: Drug Free Workplace Programs at 11:00 a.m. Central and Claims Handling Standards at 11:30 a.m.

What is changing in the drug-free workplace rules?

The Bureau says the changes primarily update the definition of drug to specifically include kratom, plus administrative clarifications.

How does the drug-free workplace program connect to insurance?

The proposed text says certified employers accrue a workers' comp premium discount under T.C.A. 50-6-418 from the date of certification and must renew annually to keep it.

Can a positive post-accident test affect benefits?

Under the proposed text, a positive confirmed post-accident test for a listed drug may cost an employee workers' comp benefits if the test followed the rules, with a rebuttable presumption that the drug or alcohol caused the injury.

What would change for adjusters?

A newly assigned adjuster would have to contact the employee, the employee's attorney if appropriate, and active authorized medical providers within two business days, or seven for mass file transfers, and share direct contact details.

Will doctors be told when a claim closes?

The proposed rule would require the adjusting entity to notify all treating providers within 30 days of the claim's closure.

How do I comment?

Attend the Nov. 10 hearing or email [email protected] by 4:30 p.m. Central on Tuesday, Nov. 24, 2026.

How can All Seasons help after reading this?

Call 865-263-1400 or visit asigtn.com/get-a-quote/ for a free personal policy review. Informational only; no coverage promises. Seasons change. So should your coverage.

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