Instant or POCT Testing |
Restrictions |
Pre-employment testing only |
Drug Panels |
No Restrictions |
|
Laboratory |
Restrictions |
Must be SAMHSA or CAP certified. |
Medical Review Officer (MRO) |
Not Required |
Recommended to prevent liability exposure and to have consistent reporting of drug testing results. |
Random Testing |
No Restrictions |
|
Post-Accident |
No Restrictions |
|
Reasonable Suspicion |
No Restrictions |
|
Oral Fluids |
No Restrictions |
|
Hair Testing |
No Restrictions |
|
Unemployment Denial |
Yes, address in company policy. |
Terminate employee for misconduct. See NC § 96-14.6. Disqualification for misconduct |
Workers Comp Discount |
No |
|
Intoxication Defense |
Yes, available |
Denial of workers comp claim based on §97-12. Use of intoxicant or controlled substance; willful neglect; willful disobedience of statutory duty, safety regulation, or rule. |
Medical Marijuana |
No |
|
Recreational Marijuana |
No |
|
Report Driver DOT Positives |
Yes |
Requires employers to report DOT positive drug and alcohol tests on NC CDL holders to the State using a standard 'Positive Drug Test Report' form. Under the NC statute, the driver's CDL is suspended until the driver or employer completes the SAP assessment and treatment/rehabilitation process. |
General Statute |
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