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Drug-Free Workplace Policy and Program Template

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.
  • North Dakota Drug Testing Law:

    Drug testing in North Dakota for current and prospective employees is not mandatory. There are U.S. states that have comprehensive regulations and rules that prohibit or regulate drug testing in the workplace but North Dakota is not one of them. Employers in North Dakota are therefore, at liberty to require or implement drug testing programs in the workplace.

    Based on Federal ruling, North Dakota drug testing is mandatory for employees in the field of safety-sensitive industries such as those in the medical field, law enforcers, aviation, public transportation, Department of Defense and NASA contractors.

    Stipulations on North Dakota Drug Testing Law:

    Although there is no comprehensive North Dakota drug testing law, there are some conditions or provisions expressed. They are:

    • An employer who requires employee drug testing must pay for the actual cost of the drug test.
    • An employer has the right to require an employee to take a North Dakota drug test after an injury or accident in the workplace. This is when the employer or a doctor has reasonable grounds or suspicion that the employee’s accident or injury was the result of the employee’s use of any controlled substance or alcohol. An employee who tests positive will no longer qualify for workers’ compensation and any other benefits.
    Employee’s Legal Claims in North Dakota Drug Testing:

    Since there is no explicit North Dakota drug testing law, employees who deem that their drug test was illegal has the following provisions to support them.

    • The ACA (American with Disabilities) protects a prospective employee or current employee from disability discrimination if he is taking medication for his disability. There are some medications that test positive on a North Dakota drug test. If an applicant or employee was turned down or fired due to the positive result of the legitimately prescribed disability medication, the employer is deemed liable, but not in the case of medical marijuana.
    • An employer who requires North Dakota drug testing for certain groups based on race, creed, gender or age is liable for a discrimination claim.
    • An employer must see to it that his employee’s right to privacy is not violated when conducting the drug test.
    • In the event that an employer publicizes an employee’s false positive result or if the employer knowingly publicizes an incorrect drug test result, the employer is deemed liable.
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    Material on these pages (state drug testing laws and drug testing regulations) is provided for informational purposes only and does not constitute legal, medical or technical advice. This drug testing related information is not intended as substitute for obtaining legal advice from attorney, or a relevant medical technical or financial professional. TestCountry is not a law firm or a legal agency, therefore cannot guarantee the accuracy of this content. Drug testing laws are collected from legal and/or state sources, and it may or may not be valid by the time you are viewing it. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Confirm Biosciences Inc. DBA TestCountry.

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