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South Carolina State Drug Testing Laws

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 affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

Workplace Drug Testing Laws in South Carolina

Drug Testing IssueStatusComments
Instant or POCT TestingNo Restrictions 
Drug PanelsNo Restrictions 
LaboratoryNo Restrictions 
Medical Review Officer (MRO)It is not required.It is highly recommended to avoid liability exposure.
Random TestingNo Restrictions 
Post-AccidentNo Restrictions 
Reasonable SuspicionNo Restrictions 
Oral FluidsNo Restrictions 
Hair TestingNo Restrictions 
Unemployment DenialYesSECTION 41-35-120. Disqualification for benefits.
Workers Comp DiscountYes5 % discount requires an employer to provide a written substance abuse policy, employee notification of program, confidentiality procedures, and random sampling of all employees. §38-73-500rnrn
Intoxication DefenseYesSECTION 42-9-60. Injury or death occasioned by intoxication or willful intention of the employee; burden of proof. No compensation should be payable if the intoxication of the employee occasioned the injury or death u2026
Medical MarijuanaNo 
Recreational MarijuanaNo 
Report Driver DOT PositivesYesRequires 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 the SC CDL-18 form and submit it to the SCDMV within three days of the DOT violation.
General Statute Employers that receive state contracts or grants for $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 a 5% 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 a drug test.

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: 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 attorney when you have a positive post-accident test after an injury.

SECTION 41-35-120.


SECTION 42-9-60

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 design of your actual substance abuse testing program and with any questions that follow.

View Individual State Law Summaries

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