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Summary of differences between federal and state regulations
Workers’ compensation
North Dakota’s workers’ compensation law provides that a work-related injury is not compensable if the injury was caused by the use of intoxicants or controlled substances. Alcohol or drug testing is authorized when a doctor or employer has a reasonable suspicion that the employee’s work injury was caused by the employee’s use of alcohol or a controlled substance. A positive drug or alcohol test at or above the levels determined in the U.S. DOT’s drug and alcohol testing regulations creates a rebuttable presumption that the injury was due to impairment from the use of alcohol or drugs. A refusal to submit to a drug test results in forfeiture of all benefits.
State
Contacts
North Dakota Department of Labor
Regulations
North Dakota Century Code, §§65-01-02 (10)(b)(3) and 65-01-11.
Federal
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