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 Issue||Status||Comments|
|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|
|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||In 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 Positives||No|
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