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South Carolina - STATE LAWS

Coming Soon, State Laws for Workplace Drug Testing

Regulations for workplace drug testing are very important to maintain an effective and legal drug free workplace program. It is particularly important to pay attention to individual state laws regarding employer drug testing programs. Employers need to be concerned about limiting exposure to liability in a drug testing program.

A good drug testing program will go a long way toward addressing safety, OSHA compliance, ADA Compliance, performance and workers’ comp issues; having the right company policies, education programs and insurance coverage will go the extra step to protect you against potential lawsuits and financial liability. Many states have different laws regarding drug testing, check back to view the guidelines for drug testing in your state.

Workplace Drug Testing Laws in South Carolina

Instant or POCT Testing

No Restrictions

Drug Panels

No Restrictions

Laboratory

No Restrictions

Medical Review Officer (MRO)

Not required.

Highly recommended to avoid exposure to liability.

Random Testing

No Restrictions

Post-Accident

No Restrictions

Reasonable Suspicion

No Restrictions

Oral Fluids

No Restrictions

Hair Testing

No Restrictions

Unemployment Denial

Yes

SECTION 41-35-120. Disqualification for benefits.

Workers Comp Discount

Yes

5 % discount, requires at a minimum an employer provide a written substance abuse policy, employee notification of program, confidentiality procedures and random sampling of all employees. §38-73-500

Intoxication Defense

Yes

SECTION 42-9-60. Injury or death occasioned by intoxication or willful intention of employee; burden of proof. No compensation shall be payable if the injury or death was occasioned by the intoxication of the employee …

Medical Marijuana

No

Recreational Marijuana

No

Report Driver DOT Positives

Yes

Requires employers to report positive DOT drug and alcohol tests on all SC CDL holders (both employees and applicants). The statute also requires reporting of any refusals to test and adulterated/substituted drug tests. The employer must complete SC CDL-18 form and submit it to the SCDMV within 3 days of the DOT violation.

General Statute

Employers that receive state contracts or grants in the amount of $50,000 or more must implement a drug free workplace program. South Carolina has a drug-free workplace program allowing employers to establish a drug free workplace program to qualify for a5% discount on their workers’ compensation insurance premiums. Employers must follow the state’s rules to get their discount. South Carolina requires employers in this program to drug test.