North Carolina State Drug Testing Laws Workplace Drug Testing Issues – North Carolina State Laws
Home > STATE LAWS > North Carolina State Laws

North Carolina State Drug Testing Laws

Workplace Drug Testing Issues – North Carolina State Laws

These categories do not affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

Drug Testing Issue Status Comments
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

Workplace Drug Testing Laws in North Carolina

Intoxication Defense - States vary in their willingness to allow employers to use an injured worker's intoxication against a compensation claim. State laws' intoxication defenses generally fall into one of three rough categories: reasons that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury. Always check with your insurance company and attorney when you have a positive post-accident test after an injury.

NC § 96-14.6. Disqualification for misconduct. §97-12

View Individual State Law Summaries