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
|Instant or POCT Testing
|Pre-employment testing only
|Must be SAMHSA or CAP certified.
|Medical Review Officer (MRO)
|Recommended to prevent liability exposure and to have consistent reporting of drug testing results.
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.