South Carolina Drug Testing Laws and Regulations
|Statute of Order:
||S.C. Code §38-73-500,§41-1-15
||Applicant testing is not subject to restriction.
||Testing authorized, including random testing, with follow-up tests within 30 minutes of initial test.
|Conditions & Methods:
||Positive test results in writing to employee within 24 hours. Written notification of testing program when implemented or upon hire.
||Acts attempting to adulterate or defraud drug screening tests is considered a misdemeanor on the first offense, punishable by a fine of not more than five thousand dollars and/or imprisonment of up to three years. Subsequent offenses are considered acts of felony punishable by a fine of not more than ten thousand dollars and/or imprisonment of up to five years.Through South Carolina’s Drug Dealer Liability Act, the employer of an individual user may seek remedy to bring action for economic and non-economic damages against the person or persons who directly sold or furnished or otherwise participated in the marketing of an illegal controlled substance to the individual user under the employ of the employer. Employers may avail of a credit of at least 5% on workers’ compensation insurance premium for qualified and certified employer drug or alcohol abuse prevention programs in the workplace. The required program components include a compliant policy statement, notification of the policy to all employees and prospective employees, and confidentiality of matters pertaining to an employee’s participation in the program.The testing procedure to be adopted by the employer must include provisions for random sampling and conducting a second test to be administered within 30 minutes of the first test.Refusal to test or evidence of intoxication from alcohol or controlled substances may constitute misconduct resulting in the denial of workers’ compensation and unemployment benefits.
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