<body><div><img src="https://img.particlenews.com/image.php?type=thumbnail_580x000&amp;url=1D9rUx_1GwMuewO00" alt="https://img.particlenews.com/image.php?url=1D9rUx_1GwMuewO00" width="400" height="225" >What legal presumption could a positive kratom test create in workers' compensation claims?How does the kratom workplace rule differ from possession bans under Matthew Davenport’s Law?Why did the legislature direct the kratom workplace rule change?NASHVILLE, Tenn. (WZTV) — Tennessee is considering adding kratom to its drug-free workplace rules, a change state officials say would not require employers to test for the substance but could have implications for workers’ compensation claims.A public hearing on the proposal is scheduled for Tuesday, November 10, at 11 a.m. at the Tennessee Department of Labor and Workforce Development, 220 French Landing Drive in Nashville.The department told FOX 17 News that kratom is not currently mentioned in the Tennessee Drug-Free Workplace Program’s rules. Public Chapter 950, known as Matthew Davenport’s Law, requires the department to add it to the definition of a drug.That law took effect July 1, 2026, and separately banned knowingly possessing, manufacturing, delivering or selling kratom in Tennessee.Kratom comes from a Southeast Asian tree. Products made from its leaves can produce opioid- and stimulant-like effects, according to the Tennessee Department of Mental Health and Substance Abuse Services. The department says the proposed workplace rule would affect employers that voluntarily participate in Tennessee’s Drug-Free Workplace Program. It would not apply to every employer in the state.PAST COVERAGE | District attorney reminds Tennesseans Kratom is now illegalOfficials also said the proposal would not require kratom testing. The program’s required testing list comes from the U.S. Department of Transportation, according to the department.The department said a positive drug test involving an injured worker whose employer participates in the program can create a legal presumption that the drug caused the injury. That could affect a workers’ compensation claim. However, the worker can challenge that presumption with clear and convincing evidence that the drug did not cause the injury. The department said discipline is governed by employer policies and applicable state and federal employment law.Officials said the proposed amendment only adds kratom to the program’s rules; it does not separately address off-duty use. The department said the legislature directed it to make the change through Matthew Davenport’s Law. Section 6 specifically requires the labor commissioner to adopt a rule adding kratom to the workplace program’s drug definition. The proposed workplace amendment is separate from the law’s possession and sales prohibitions.Kratom also drew national attention following the September deaths of two University of Mississippi students. Investigators found kratom products during the investigations, but reporting reviewed for this story did not establish that the products caused either death.The department says an effective date for the workplace rule has not been determined. Additional steps include review and approval by the attorney general’s office and review by the legislature’s Joint Government Operations Committee.Officials said the department’s website would be updated and employers would be responsible for notifying their employees.Written comments on the proposal can be submitted to Amanda.Terry@tn.gov until 4:30 p.m November 24.</div></body>

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NASHVILLE, Tenn. (WZTV) — Tennessee is considering adding kratom to its drug-free workplace rules, a change state officials say would not require employers to test for the substance but could have implications for workers’ compensation claims. A public hearing on the proposal is scheduled for Tuesday, November 10,...

Tennessee considers kratom workplace rule change

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NASHVILLE, Tenn. (WZTV) — Tennessee is considering adding kratom to its drug-free workplace rules, a change state officials say would not require employers

Tennessee considers kratom workplace rule change

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