North Carolina Drug Testing Laws and Regulations
|Statute of Order:
||N.C. Gen. Stat. §95-230 et seq.
||Public and private employers.
||Applicant testing not subject to restriction.
||Employee testing not subject to restriction.
|Conditions & Methods:
||Testing only by approved laboratory, documentation showing chain of custody, and confirming test in case of positive findings.
||Although the regulation on drug testing exists it does not require employers to conduct drug testing. If employers choose to enact drug and alcohol testing programs for their employees, the provisions of the law must be strictly observed. Employers who violate the regulations may be penalized up to a maximum amount of $1,000, with up to $250 per affected employee.Employers who will enforce workplace drug testing must provide their employees as examinees with written notice of their rights and responsibilities as enumerate in the Controlled Substances Examination Regulation Act.Employers must pay for the costs of all controlled substance examinations while the costs of retests requested by the employee are at the employee’s expense.Prospective employees may be subject to on-site drug testing using a US Food and Drug Administration and Department of Health and Human Services approved single-use test device. Current employees may be screened only by an approved drug testing laboratory. Retesting of positive samples may be performed only by an approved laboratory chosen by the employee.For collection and transport of testing samples, the employer has the option to do the tasks himself, send the employee to the approved laboratory or have a third party contractor such as a physician, medical clinic, hospital or a consortium to perform the said tasks.The act of defrauding drug or alcohol tests constitutes a Class I misdemeanor for a first offense while subsequent offenses constitute a Class I felony.
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