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North Carolina Drug Testing Compliance

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North Carolina

Legal status for workplace drug screening and alcohol testing

Download our free guide: Marijuana Legalization by State.

Our intent is to make North Carolina drug screening compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in North Carolina. North Carolina is a “mandatory” state, which means any employer wishing to conduct drug and/or alcohol testing within this state must do so according to the statute, regulations and court decision that apply. The law (95-230 to 95-235) does not require any employer to conduct drug or alcohol testing. Testing is your choice. This overview is to introduce you to the nature and history of the state’s workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when testing employees for drugs and alcohol in this state.

Drug Testing Overview:

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: State law indicates no limits/requirements for a policy for North Carolina.
Q2: Please choose a reason for drug and alcohol testing:
No
Safety-sensitive only
No (but must have facts)
Yes - Review OSHA new ruling
Limits
No
No
Q3: Are there any state requirements for test methods?
A: All types of testing are permitted, as long as they take place at a certified laboratory. The only exception is applicant testing, where one may use an on-site testing device.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: No restrictions.
Q5: Are there any state requirements or limitations for specific notice of result?
A: No restrictions.
Q6: Is it required to use a Certified Laboratory?
A: All current employee test analysis will be done in an approved lab. (SAMHSA or CAP)
Q7: What types of specimens can we test for?
A: Urine, blood, hair, or oral fluids.
Q8: Are there restrictions for Alcohol Testing?
A: No restrictions.

North Carolina Drug & Alcohol Testing Laws

North Carolina’s drug testing law focuses primarily on how testing may be done. It does not address other aspects of a testing program such as who may be tested and when. This law was originally enacted in 1991. This law does not apply to employers conducting drug testing mandated under the federal Department of Transportation or Nuclear Regulatory Commission. This law only addresses testing for controlled substances.  Regulations under this law exist and focus on how testing is to be done and post-testing requirements. The North Carolina Controlled Substance Examination Regulation Act does not require an employer to have a written policy. Although, under related North Carolina laws, such as the unemployment statute, it is beneficial to have a written policy.

ABBREVIATIONS
  • American Association for Clinical Chemistry (AACC)
  • Blood Alcohol concentration (BAC)
  • Breath Alcohol Test (BAT)
  • Clinical Laboratory Improvement Amendments (CLIA)
  • College of American Pathologists (CAP)
  • Department of Transportation (DOT)
  • Employee Assistance Program (EAP)
  • Food and Drug Administration (FDA)
  • Forensic Urine Drug Testing (FUDT)
  • Medical Review officer (MRO)
  • National Highway Traffic Safety Administration (NHTSA) National Institute on Drug Abuse (NIDA)
  • Substance Abuse and Mental Health Administration (SAMHSA)

Did you know?

Q1. Is there any special information we need to know as a company for drug testing in North Carolina?

Answer is “No”.

At the time a sample is taken ,the employer MUST provide the applicant or employee written notice of their rights and responsibilities under the state drug testing law. Within 30 days of the employer receiving the results the employer MUST give written notice to the employee:

  •  of any positive test; and
  • the employee’s rights and responsibilities regarding retesting the sample.

 Correct!

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Marijuana:

North Carolina Marijuana Employer Guidelines

“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.

North Carolina personal and medical use of marijuana.

Marijuana Drug Testing Compliance

Medical Use: On July 3, 2014, Governor McCrory signed a bill into law, which created the “North Carolina Epilepsy Alternative Treatment Act,” described by the legislature as a “pilot study program and registry for the scientific investigation of the safety and efficacy of hemp extract treatment for intractable epilepsy.” Employers may discipline employees for having or using marijuana in the workplace or working while under the influence of marijuana.

Personal Use: A bill passed the general assembly and states that marijuana will automatically be legal once it is legalized federally.

For more information regarding marijuana at work refer to Info Cubic’s Drug Screening compliance corner

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Court Decisions:

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

No known court cases.

N/A

N/A

N/A

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