Federal & State Regulations | Drug testing - North Dakota

State Info

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

U.S. Department of Labor

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

29 CFR 1904.36

Guidance document