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Summary of differences between federal and state regulations
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.
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 the program, confidentiality procedures, and random sampling of all employees.
Workers' compensation
South Carolina’s workers' compensation law allows the denial of compensation benefits if the employee's injury or death was occasioned by the employee's intoxication.
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.
Drug Test Adulteration Law
South Carolina’s Drug Test Adulteration law states it is unlawful for a person to 1) sell, give, market, distribute, or transport urine with the intent to defraud a drug or alcohol screening test, 2) attempt to defeat a drug or alcohol test by substituting or spiking the sample with an adulterant, 3) adulterating a urine or other bodily sample with the intent to defraud an alcohol or drug test, or 4) possess or sell adulterants which are intended to be used to adulterate bodily samples for the purpose of defrauding a drug or alcohol test.
State
Contacts
South Carolina Workers’ Compensation Commission
Regulations
Drug-Free Workplace Act
S.C. Code of Laws Title 44, Chapter 107 §44-107-10 et seq.
Workers' Compensation Premium Reduction Program
S.C. Code of Laws Title 41, Chapter 1, §41-1-15
and Title 38, Ch. 73, Art. 1, §38-73-500
Denial of Unemployment Benefits
Code of Laws, Title 41 (Labor and Employment), Chapter 35, Section 120 - Disqualification for benefits
Workers' compensation
S.C. Code of Laws Title 42, Ch. 9, §42-9-60, and Ch. 11, 42-11-100 (1993).
Drug Test Adulteration Law
South Carolina Code of Laws Title 16, Ch. 13, §16-13-470
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