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North Dakota - STATE LAWS

Workplace drug testing issues – State Laws – North Dakota

North Dakota has no comprehensive law addressing drug testing in private employment.

These categories do not effect DOT regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

Workplace Drug Testing Laws in North Dakota

Instant or POCT Testing

No Restrictions

Drug Panels

No Restrictions

Laboratory

No Restrictions

SAMHSA certified lab highly recommended

Medical Review Officer

Not required

Highly recommended

Random Testing

No Restrictions

Post-Accident

No Restrictions

Reasonable Suspicion

No Restrictions

Oral Fluids

No Restrictions

Hair Testing

No Restrictions

Unemployment Denial

Yes

Terminate for misconduct, specify a refusal to test or positive test is misconduct.

Workers Comp Discount

No

Intoxication Defense

Yes

Post-accident testing - An employee who tests positive or refuses to take a test forfeits the right to benefits.

Medical Marijuana

Yes

Passed November 2017, makes no mention of drug testing. Compassion centers must have drug free workplace policies.

Recreational Marijuana

No

Report Driver DOT Positives

No

General Statute

None

Note: In North Dakota it is a class A misdemeanor for defrauding a urine test and the test is designed to detect the presence of a chemical substance or a controlled substance. A person is guilty of a class A misdemeanor if that person knowingly possesses, distributes, or assists in the use of a device, chemical, or real or artificial urine advertised or intended to be used to alter the outcome of a urine test.

Intoxication Defense – Denial of Workers Compensation Claim - States vary in their willingness to allow employers to use an injured worker's intoxication as a defense against a claim for compensation.  State laws' intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury.  Always check with your insurance company and your attorney when you have a refusal or positive post-accident test after an injury.

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the development or edit of your actual substance abuse testing program and with any questions that follow.

State Law North Dakota