North Dakota

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Workplace Drug Testing Issues – North Dakota State Laws

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

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

Workplace Drug Testing Laws in North Dakota

Drug Testing IssueStatusComments
Instant or POCT TestingNo Restrictions
Drug PanelsNo Restrictions
LaboratoryNo RestrictionsSAMHSA certified lab highly recommended
Medical Review OfficerNot requiredHighly recommended
Random TestingNo Restrictions
Post-AccidentNo Restrictions
Reasonable SuspicionNo Restrictions
Oral FluidsNo Restrictions
Hair TestingNo Restrictions
Unemployment DenialYesTerminate for misconduct, specify a refusal to test or positive test is misconduct.
Workers Comp DiscountNo
Intoxication DefenseYesPost-accident testing - An employee who tests positive or refuses to take a test forfeits the right to benefits.
Medical MarijuanaYesPassed November 2017, makes no mention of drug testing. Compassion centers must have drug free workplace policies.
Recreational MarijuanaNoIn a vote on November 7, 2018 voters chose to deny recreational marijuana legalization with only 40% of residents voting to approve the measure.
Report Driver DOT PositivesNo
General StatuteNone

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 vary 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