South Carolina State Drug Testing 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.

Drug Testing IssueStatusComments
Instant or POCT Testing No Restrictions
Drug PanelsNo Restrictions
LaboratoryNo Restrictions
Medical Review Officer (MRO)Not RequiredHighly recommended to avoid exposure to liability.
Random TestingNo Restrictions
Post-Accident No Restrictions
Reasonable SuspicionNo Restrictions
Oral FluidsNo Restrictions
Hair TestingNo Restrictions
Unemployment DenialYesSECTION 41-35-120. Disqualification for benefits.
Workers Comp DiscountYes5 % 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 DefenseYesSECTION 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 u2026
Medical MarijuanaNo
Recreational Marijuana No
Report Driver DOT Positives YesRequires 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

 

 

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