Drug testing - North Carolina

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.

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.

Samples may be collected on-site or at an approved laboratory. The collection of samples must be performed under reasonable and sanitary conditions. Individual dignity shall be preserved to the extent possible. Samples must be collected in a manner reasonably calculated to prevent substitution of samples and interference with the collection, examination, or screening of samples.

A single-use test device (“quick test”) may be used when testing job applicants. A positive test result must be confirmed at an approved laboratory through a second examination of the sample using gas chromatography with mass spectrometry, or an equivalent scientifically accepted method, unless the job applicant signs a written waiver when the preliminary test result is received.

Current employees may not be screened with a “quick test.” Test samples for current employees must be screened at an approved laboratory. If a result is positive, it must be confirmed by a second examination of the sample using gas chromatography with mass spectrometry or an equivalent scientifically accepted method.

The lab must preserve a portion of every sample that produces a confirmed positive result for at least 90 days from the time the results of the confirmed positive test are mailed or delivered to the examiner.

The examiner must establish chain of custody procedures for sample collection and examination to ensure proper record keeping, handling, labeling, and sample identification.

An applicant or employee has the right to retest a confirmed positive sample at the same or another approved laboratory. The request for the release of the sample must be in writing and must specify which approved laboratory the sample should be sent to. The applicant or employee pays for expenses relating to chain of custody procedures, shipping, and retesting of positive samples.

If the employee believes procedural requirements of the state’s Controlled Substance Examination Act have been violated, the employee can file a complaint with the North Carolina Department of Labor.

An examiner who violates the article faces a fine of $250 per examinee, with a maximum not to exceed $1,000 per investigation by the Commissioner of Labor.

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.