Federal & State Regulations | Drug-free workplace - South Carolina

State Info

Summary of differences between federal and state regulations

The federal Drug-Free Workplace Act, which applies only to federal contractors and grantees, requires adoption of Drug-Free Workplace rules to do business with the government. It neither requires nor prohibits drug testing. States are free to adopt whatever regulations they deem appropriate for public or private employers. Where states have drug testing provisions as part of their Drug Free Workplace Acts, drug testing information is included in this section. Where states have separate drug testing provisions that are not part of a Drug Free Workplace Act, these are covered under the section on “Drug Testing.”

Drug-Free Workplace Act

South Carolina’s Drug-Free Workplace Act requires that every individual or business receiving a state grant or state contract for $50,000 or more must implement a drug-free workplace program in accordance with the state Drug-Free Workplace Act. Requirements include establishing and distributing a written substance abuse policy to all employees and establishing an employee drug education awareness program, similar to federal law.

Workers' Compensation Premium Reduction Program

South Carolina’s Workers' Compensation Premium Reduction Program provides for a five percent discount on workers' compensation premiums to employers who voluntarily establish a drug-free workplace program in compliance with the act. At a minimum, the requirements include a written substance abuse policy statement, employee notification of program, confidentiality procedures, and random sampling of all employees.

Unemployment benefits

Workers may be denied benefits for various reasons, including failing a drug test, as described in state statute 41-35-120, Disqualification for benefits.