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Drug testing law
North Carolina’s drug testing law does not restrict the types of testing that may be conducted, but does require that certain procedures be followed with regard to the actual drug testing process.
Job applicants may be tested on-site, but a positive test must be confirmed at an approved laboratory. All other employee drug testing must be conducted at approved laboratories. The laboratories must follow certain drug testing procedures.
The applicant or employee may have a confirmed positive sample retested at an approved laboratory. This request must be made in writing. The applicant or employee must pay for the retest.
Under the Controlled Substance Examination Regulation Act, the examiner must give the applicant or employee a notice of rights. The examiner must also give employees and applicants a notice of rights if a test is positive. Sample forms are on the state’s Controlled Substance Forms website.
North Carolina Administrative Code Title 13 Chapter 20 provides further clarification of definitions and procedures as found in the Controlled Substance Examination Act G.S. Chapter 95 Article 20.
Unemployment compensation
North Carolina’s unemployment compensation law provides that an employee discharged from work for misconduct may be denied benefits. Misconduct includes reporting to work significantly impaired by alcohol or illegal drugs, consuming alcohol or illegal drugs on the employer’s premises, or being convicted for manufacturing, selling, or distributing a controlled substance while employed. In addition, an individual is ineligible for benefits if the individual tests positive for a controlled substance if the test is performed in accordance with applicable law, if the test is required as a condition of hire, and if the job would be suitable work for the individual.
Workers’ compensation
North Carolina workers’ compensation law denies compensation benefits if the employee’s injury or death is proximately caused by intoxication, provided the intoxicant was not supplied by the employer; also if the employee was under the influence of non-prescribed controlled substances.
ContactsDrug testing
North Carolina Department of Labor
Unemployment compensation
North Carolina Employment Security Commission
Workers’ compensation
North Carolina Industrial Commission
Regulations
Drug testing law
NC General Statute – Chapter 95, Article 20 (§95-230 et seq)
North Carolina Admin Code Title 13 Chapter 20.
The laws can be found together at www.labor.nc.gov/workplace-rights/drug-testing
Unemployment compensation
NC General Statute - Chapter 96, Article 2 §§96-14(2) and 96-13(a)(3)
Workers’ compensation
NC General Statute - Chapter 97, Article 1 (§97-12)
Under the Improve Tracking of Workplace Injuries and Illnesses final rule, the Occupational Safety and Health Administration (OSHA) prohibits employers from using drug testing, or the threat of drug testing, to retaliate against an employee for reporting an injury or illness. Employers may conduct post-incident drug testing if there is a reasonable possibility that employee drug use could have contributed to the reported injury or illness.
Contacts
Drug testing rules
U.S. Department of Transportation
Regulations
DOT drug testing rules
49 CFR Part 40
49 CFR Part 382
Drug-Free Workplace Act of 1988
United States Code at 41 U.S.C. 81
Guidance document