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North Carolina State Drug Testing Laws

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 IssueStatusComments
Instant or POCT TestingRestrictionsPre-employment testing only
Drug PanelsNo Restrictions 
LaboratoryRestrictionsMust be SAMHSA or CAP certified.
Medical Review Officer (MRO)Not RequiredRecommended to prevent liability exposure and to have consistent reporting of drug testing results.
Random TestingNo Restrictions 
Post-AccidentNo Restrictions 
Reasonable SuspicionNo Restrictions 
Oral FluidsNo Restrictions 
Hair TestingNo Restrictions 
Unemployment DenialYes, address in company policy.Terminate employee for misconduct. See NC § 96-14.6. Disqualification for misconduct
Workers Comp DiscountNo 
Intoxication DefenseYes, availableDenial of workers comp claim based on §97-12. Use of intoxicant or controlled substance; willful neglect; willful disobedience of statutory duty, safety regulation, or rule.
Medical MarijuanaNo 
Recreational MarijuanaNo 
Report Driver DOT PositivesYesRequires employers to report DOT positive drug and alcohol tests on NC CDL holders to the State using a standard ‘Positive Drug Test Report’ form. Under the NC statute, the driver’s CDL is suspended until the driver or employer completes the SAP assessment and treatment/rehabilitation process.
General Statute

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.

NC § 96-14.6. Disqualification for misconduct. §97-12

View Individual State Law Summaries

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