Failure to display the state-mandated Tennessee Drug-Free Workplace Poster can result in your business being ineligible for the 5% premium discount on workers' compensation insurance, costing your restaurant thousands annually. This notice, also called a drug-free workplace program poster, must be prominently displayed in your Memphis establishment to comply with the Tennessee Department of Labor & Workforce Development's guidelines. Key facts:
Analyzed from Tennessee Drug-Free Workplace Poster
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In Memphis, Tennessee, the requirement to display a Drug-Free Workplace Poster is mandated by Tennessee state law, specifically the Tennessee Drug-Free Workplace Act of 1998 (T.C.A. §§ 50-9-101 et seq.). This act applies to all public and private sector employers in the state, including those within Shelby County and the City of Memphis. The law is enforced by the Tennessee Department of Labor and Workforce Development (TDLWD). The primary legal basis for the poster requirement is to inform employees of the employer's policies regarding substance abuse, including prohibitions, testing procedures, and potential consequences, thereby creating a formal, documented commitment to a drug-free work environment.
Failure to post the required notice can expose your Memphis restaurant to significant legal and financial risks, as the absence of this documentation weakens your position in employment disputes and regulatory compliance checks. Consequences include:
Legal code: State minimum wage law, earned sick time law, tip law, workplace poster statutes, prevailing wage law
Recent update: As of 2026, the Tennessee Department of Labor continues to enforce the 1998 Act, and employers should verify that their poster includes all current statutory language, particularly regarding testing protocols and employee assistance programs.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required for any employer with five or more full-time employees as defined by Tennessee Code § 50-9-103. |
| Bar / Nightclub | Required | Required, as these establishments typically meet the five-employee threshold under the Tennessee Drug-Free Workplace Act. |
| Food Truck | Required | Required if the business entity employs five or more full-time workers across all trucks, per the state's aggregate employee count rule. |
| Coffee Shop / Café | Required | Required if the shop has five or more full-time employees, which is common for most operating locations in Memphis. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Select 'Yes' if you are enrolled in the official Tennessee Drug-Free Workplace Program administered by the Tennessee Department of Labor & Workforce Development, which provides certain workers' compensation premium discounts; select 'No' if you are only posting the notice to meet the separate mandatory display requirement under state law.
COMMON MISTAKE: Confusing voluntary program enrollment with the mandatory poster requirement, which can lead to incorrect premium filings or missed financial benefits.
Enter the exact legal business name as registered with the Tennessee Secretary of State or your local Memphis business license, which must match the name used for all state tax and reporting purposes.
COMMON MISTAKE: Using a DBA (Doing Business As) name instead of the registered legal name, which can create discrepancies with state program records and delay verification.
Confirm you have downloaded the current 2026 official 'Drug-Free Workplace' poster from the Tennessee Department of Labor & Workforce Development website or an authorized provider, as older versions are non-compliant.
COMMON MISTAKE: Assuming a general safety poster or an outdated version (e.g., 2023 or earlier) satisfies the specific state requirement, which is a common basis for citation during inspections.
Confirm the official poster has been printed in full color, at the required minimum size (typically 11x17 inches), on durable paper to ensure it remains legible and intact in the workplace environment.
COMMON MISTAKE: Displaying the poster on a computer monitor or mobile device instead of a physical printout, which does not meet the 'conspicuously posted' requirement per state enforcement guidelines.
Specify the exact, permanent location where the poster is installed (e.g., 'Employee break room bulletin board next to time clock' or 'Main kitchen entrance hallway'), as required for verification records.
COMMON MISTAKE: Vague descriptions like 'in the back' or 'by the office' that would not allow an inspector to immediately locate the poster, potentially resulting in a non-compliance notice.
Select 'Yes' if your business operates employees at more than one physical address within Memphis (e.g., a separate prep kitchen or storage facility), as the law generally requires a poster at each worksite where employees report.
COMMON MISTAKE: Failing to acknowledge secondary sites, which leaves those locations unposted and the business vulnerable to separate penalties for each worksite found non-compliant.
If you have multiple work locations, list the specific addresses of all other sites where employees work and where a poster must also be displayed to ensure full compliance.
COMMON MISTAKE: Omitting addresses for satellite locations like food trucks or temporary event booths that are considered separate worksites under enforcement policy.
Confirm the posted notice is placed in a common area frequented by all employees (e.g., not in a locked manager's office), is at eye level, well-lit, and unobstructed to meet the 'conspicuously posted' legal standard.
COMMON MISTAKE: Placing the poster in an area only accessible to managers or in a cluttered space where it is not easily seen, which fails the accessibility test during a compliance check.
Enter the date the poster was physically installed in the workplace; this date starts your compliance period and is a key record for audits and inspections.
COMMON MISTAKE: Using a future date or the date the poster was ordered/downloaded instead of the actual installation date, creating an inaccurate compliance timeline.
Acknowledge the ongoing duty to ensure the poster remains displayed, legible, and intact, and to replace it immediately if it becomes damaged, defaced, or if the state issues an updated version.
COMMON MISTAKE: Assuming a one-time installation is sufficient; failure to replace faded, torn, or obsolete posters is a frequent cause of citations during routine inspections.
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Using a poster that lacks the specific language mandated by T.C.A. § 50-9-112 or that is not the official Tennessee Department of Labor & Workforce Development version. This can invalid your drug-free safety program and disqualify you from workers' compensation premium discounts. To avoid, download the most current, jurisdiction-specific poster directly from the TN Department of Labor website, not from third-party sites that may sell generic versions.
Hanging the poster in a back office or break room instead of a conspicuous common area where all employees and job applicants can see it (e.g., next to time clocks or mandatory federal labor law posters). This failure to comply with posting requirements can be cited during a compliance review. Ensure the poster is placed in a well-lit, high-traffic location accessible to all staff at all times during work hours.
Not replacing the posted notice after you make material changes to your internal drug-free workplace policy, such as adding testing for new substances or altering disciplinary procedures. An outdated poster creates a discrepancy between your posted rules and actual policy, which can weaken enforcement and legal standing. Always update and repost the official notice within a reasonable time after any substantive policy amendment.
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| City | Fee Range | Timeline |
|---|---|---|
| Knoxville | ||
| Memphis | ||
| Nashville |
Gather your business details, including the legal name and address of your Memphis establishment, and your Employer Identification Number (EIN). You must then obtain or create the official Tennessee Drug-Free Workplace Program (DFWP) poster. The poster is not an application form but a mandatory notice to display. The required content, including specific notice text and the contact number for the Tennessee Department of Labor & Workforce Development (1-800-332-2667), is defined by state law. You can download a compliant template from the Tennessee Department of Labor website or have a commercial provider create one.
While the poster itself is not submitted for approval, Tennessee law requires employers to formally register their Drug-Free Workplace Program with the state. This is a separate administrative step. You must complete the required state notification form (often Form C-79 or a similar registration) available on the Tennessee Department of Labor & Workforce Development website, detailing your program's policy components like testing procedures and employee assistance resources. Submit this registration according to state instructions; it’s a prerequisite for qualifying for workers' compensation premium discounts.
Once your program is registered and you have the compliant poster, you must physically post it in a conspicuous location accessible to all employees at your Memphis worksite, as required by TCA § 50-9-107. Simply having the poster is not enough; it must be displayed. Simultaneously, you must begin implementing the full program outlined in your registration, including distributing the written policy to all employees and conducting any required supervisor training. Failure to follow through on implementation can invalidate your state registration and associated benefits.
Applications go to the Tennessee department of labor. Local procedures and fees may vary — select your city below.
This is one of 13 requirements for opening a restaurant in Tennessee.
federal
local
state
state
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThe timeline varies. Obtaining the official poster is typically immediate upon download from the state website, but the time-consuming part is implementing your full, compliant program, which includes creating a written policy and conducting employee training. A similar requirement with a defined timeline is the City Business License/Registration, which often has a 5-10 business day processing window.
The official poster itself is available at no cost from the Tennessee Department of Labor & Workforce Development. Per the state's website, there are no government filing fees for downloading or displaying the poster. However, you may incur costs for creating your written policy, training materials, or drug testing if your program requires it.
No, the poster and policy are not transferable. Your Drug-Free Workplace Program is specific to your business entity and location. If you move your restaurant, you must ensure the new address is on all policy documents and that the poster is displayed at the new premises. For a location-specific permit, review the requirements for a Certificate of Occupancy, which is also non-transferable between addresses.
The poster itself does not have a formal renewal. However, your program requires ongoing maintenance: you must provide annual training to all employees and keep your written policy current with any changes in state law or your business operations. Contact the Tennessee Department of Labor to confirm there have been no mandatory updates to the poster's content or design specifications.
An inspector, typically from the Tennessee Department of Labor or a related compliance agency, will verify the poster is prominently displayed in a common area. They will also likely ask to review your written policy, employee training records, and documentation of any required drug testing. Failure to produce these documents can result in citations. Not legal advice — verify specific inspection protocols with the issuing authority.
This guide is generated from ApronPrep's compliance dossier system, which uses 53 parallel AI authority experts to discover requirements, then downloads actual forms and generates field-level intelligence for each one.
For Tennessee specifically, we have analyzed compliance dossiers for 3 cities (Knoxville, Memphis, Nashville), generating Rich FILs (Form Intelligence Layers) with 12 form fields analyzed for this requirement. Fee data is sourced from actual county department fee schedules, not estimates.
Our data is verified against official government sources and updated when regulatory changes are detected. If you find an error, please report it — accuracy is our core commitment.
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