State:	North Carolina
Statute of Order:	N.C. Gen. Stat. §95-230 et seq.
Covered Employers:	Public and private employers.
Applicant Testing:	Applicant testing not subject to restriction.
Employee Testing:	Employee testing not subject to restriction.
Conditions & Methods:	Testing only by approved laboratory, documentation showing chain of custody, and confirming test in case of positive findings.
Pass Drug Testing Bulletpoints:	Although the regulation on drug testing exists it does not require employers to conduct drug testing. If employers choose to enact drug and alcohol testing programs for their employees, the provisions of the law must be strictly observed. Employers who violate the regulations may be penalized up to a maximum amount of $1,000, with up to $250 per affected employee. Employers who will enforce workplace drug testing must provide their employees as examinees with written notice of their rights and responsibilities as enumerate in the Controlled Substances Examination Regulation Act. Employers must pay for the costs of all controlled substance examinations while the costs of retests requested by the employee are at the employee’s expense. Prospective employees may be subject to on-site drug testing using a US Food and Drug Administration and Department of Health and Human Services approved single-use test device. Current employees may be screened only by an approved drug testing laboratory. Retesting of positive samples may be performed only by an approved laboratory chosen by the employee. For collection and transport of testing samples, the employer has the option to do the tasks himself, send the employee to the approved laboratory or have a third party contractor such as a physician, medical clinic, hospital or a consortium to perform the said tasks. The act of defrauding drug or alcohol tests constitutes a Class I misdemeanor for a first offense while subsequent offenses constitute a Class I felony.

110 Things to Know To Pass A Drug Test In North Carolina

1) A Brief Overview

The state of North Carolina is considered a law abiding state, wherein if the drug and alcohol testing is to be conducted by the employer, it needs to be done so as per the state law. This lab-law state is also termed as a mandatory state. Nonetheless, the choice of conducting the tests lies completely in the hands of the employer.

2) The Basic Policies

In the state of North Carolina there is no written policy as such but in case of an employment or a compensation purpose, a written policy is considered a perquisite. Likewise, in case the test results are positive, the need for a valid notice is essential.

3) Costs And Consequences

It is interesting to note that no court of law has determined a drug or alcohol test as a medical examination, nonetheless, in the case of a medical examination; the cost of the procedures has to be bourn by the employer and not the employees. If the employer is found to be guilty and test results positive, he is eligible for disciplinary action as per the state laws.

4) How Are The Tests Conducted

Prospective employees are eligible for on site tests. Likewise, current employees can be tested in an approved lab through the means of an instant testing device. Out here, you need to get conformation from the employee and the employer cannot charge a fee of more than $15 from the employee.

5) The Reporting Procedure

In case an employee tests positive, it is the duty of the employer to submit the detailed report to the Divisions of Motor Vehicles within five days of receiving the notice. The CLD employee, who happens to be a driver, is then disqualified from using a CMV unless he/she is exempted under the DOT rules.

6) State Peculiarities

You cannot, in the state of North Carolina, try and tamper the test result evidence in any way. Substitution and adulteration is considered a crime and is treated as a felony. Likewise if an employee is using drugs when he/she is off duty, they cannot be persecuted by the employers. If the employee is found intoxicated at workplace, he/she can be exempted from workers compensation benefits.

7) Who All Can Apply For The Test

In accordance to the laws of North Carolina, only those workers who indulge in constructions purposes and are involved in security related assignments can be considered eligible for a mandatory drug test. Nonetheless, the tests need to be formatted in accordance to the state laws and laid down in accordance to the employee and employer relationship.

8) When Can The Tests Be Conducted

There is no limitation on the tests and if an employer feels the need to associate him or herself with a state approved drug test, he/she needs to inform the employee well in advance. Although the tests can be performed at random, it needs to be noted that there is no restriction on the time limit.

9) The Law Says

In accordance to the state law, the basic laws of the stat need to be followed while conducting the drug or alcohol tests.

10) The Basic Facilities

The state of North Carolina suggests that it is the employer who is responsible to make all the necessary arrangements for the drug and alcohol tests.

PASS A DRUG TEST IN NORTH CAROLINA