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North Dakota State Laws

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
Post-Accident 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
General Statute None

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