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South Carolina - STATE LAWS

Workplace drug testing issues – State Laws – South Carolina

Save 5% on workers compensation – implement a drug free workplace program.

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 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.

Intoxication Defense - 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 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 design of your actual substance abuse testing program and with any questions that follow.

State Law South Carolina

SECTION 41-35-120.

§38-73-500

SECTION 42-9-60