North Dakota Drug Testing Laws and Regulations

State:	North Dakota

Statute of Order:	Currently Not Available

Covered Employers:	Currently Not Available

Applicant Testing:	Currently Not Available

Employee Testing:	Currently Not Available

Conditions & Methods:	Currently Not Available

Important Bulletpoints:	Under provisions of the Worker’s Safety And Insurance laws of North Dakota, any injury caused by illegal use of controlled substances or the use of intoxicants are not compensable injuries. For workers’ compensation claims, the burden of proof is on the employer to show that the employee’s injury is caused by the use of alcohol or illegal use of a controlled substance through compliant drug testing as performed by a physician, qualified technician, chemist or registered nurse in accordance to US Department of Transportation requirements. Although not required, employers in essence are allowed to have a mandatory drug or alcohol testing policy that covers post-accident testing as well as testing on grounds of reasonable suspicion. Employers must pay for all the costs of medical examination required of employees and prospective employees as a condition of obtaining or continuing employment. North Dakota laws categorically include testing for the presence of alcohol or drugs as a medical examination. Infractions of this provision are penalized under Labor laws. An employee’s refusal to submit to testing for the presence of drugs or alcohol on the basis of reasonable suspicion or as per the employer’s mandatory policy constitutes an outright forfeiture of all entitlements to workforce safety and insurance benefits.

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North Dakota Drug Testing Laws and Regulations

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