Workplace Drug Testing Issues – North Carolina State Laws
These categories do not affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
|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 liability exposure and to have consistent reporting of drug testing results.|
|Random Testing||No Restrictions|
Workplace Drug Testing Laws in North Carolina
Intoxication Defense – States vary in their willingness to allow employers to use an injured worker’s intoxication against a compensation claim. State laws’ intoxication defenses generally fall into one of three rough categories: reasons 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 attorney when you have a positive post-accident test after an injury.