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North Carolina State Laws

Workplace Drug Testing Issues – North Carolina State Laws

These categories do no effect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

Workplace Drug Testing Laws in North Carolina

Drug Testing Issue Status Comments
Instant or POCT Testing Restrictions Pre-employment testing only
Drug Panels No Restrictions
Laboratory Restrictions Must be SAMHSA or CAP certified.
Medical Review Officer (MRO) Not Required Recommended to prevent exposure to liability and to have consistent reporting of drug testing results.
Random Testing No Restrictions
Post-Accident No Restrictions
Reasonable Suspicion No Restrictions
Oral Fluids No Restrictions
Hair Testing No Restrictions
Unemployment Denial Yes, address in company policy Terminate employee for misconduct. See NC u00a7 96-14.6. Disqualification for misconduct.rnrn
Workers Comp Discount No
Intoxication Defense Yes, available Denial of workers comp claim based on u00a797-12. Use of intoxicant or controlled substance; willful neglect; willful disobedience of statutory duty, safety regulation or rule.
Medical Marijuana No
Recreational Marijuana No
Report Driver DOT Positives Yes Requires employers to report DOT positive drug and alcohol tests on NC CDL holders to the State using a standard u201cPositive Drug Test Reportu201d form. Under the NC statute, the driveru2019s CDL is suspended until the driver or the employer provides proof of successful completion of the SAP assessment and treatment/rehabilitation process.
General Statute

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 North Carolina

NC § 96-14.6. Disqualification for misconduct.

§97-12