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 Issue	Status	Comments
Instant or POCT Testing	No Restrictions
Drug Panels	No Restrictions
Laboratory	No Restrictions
Medical Review Officer (MRO)	It is not required.	It is highly recommended to avoid liability exposure.
Random Testing	No Restrictions
Post-Accident	No Restrictions
Reasonable Suspicion	No Restrictions
Oral Fluids	No Restrictions
Hair Testing	No Restrictions
Unemployment Denial	Yes	SECTION 41-35-120. Disqualification for benefits.
Workers Comp Discount	Yes	5 % 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 Defense	Yes	SECTION 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 Marijuana	No
Recreational Marijuana	No
Report Driver DOT Positives	Yes	Requires 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.

§38-73-500

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.

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South Carolina State Drug Testing Laws

South Carolina State Drug Testing Laws Workplace drug testing issues – State Laws – South Carolina

Workplace Drug Testing Laws in South Carolina

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