State:	North Dakota
Statute of Order:	Currently Not Available
Covered Employers:	Currently Not Available
Applicant Testing:	Currently Not Available
Employee Testing:	Currently Not Available
Conditions & Methods:	Currently Not Available
Pass Drug Testing Bulletpoints:	Under provisions of the Worker’s Safety And Insurance laws of North Dakota, any injury caused by illegal use of controlled substances or the use of intoxicants are not compensable injuries. For workers’ compensation claims, the burden of proof is on the employer to show that the employee’s injury is caused by the use of alcohol or illegal use of a controlled substance through compliant drug testing as performed by a physician, qualified technician, chemist or registered nurse in accordance to US Department of Transportation requirements. Although not required, employers in essence are allowed to have a mandatory drug or alcohol testing policy that covers post-accident testing as well as testing on grounds of reasonable suspicion. Employers must pay for all the costs of medical examination required of employees and prospective employees as a condition of obtaining or continuing employment. North Dakota laws categorically include testing for the presence of alcohol or drugs as a medical examination. Infractions of this provision are penalized under Labor laws. An employee’s refusal to submit to testing for the presence of drugs or alcohol on the basis of reasonable suspicion or as per the employer’s mandatory policy constitutes an outright forfeiture of all entitlements to workforce safety and insurance benefits.

10 Things to Know To Pass A Drug Test In North Dakota

1) An Open State

The state of North Dakota is often considered an open state and henceforth the question of any rules and regulations pertaining to workplace testing is considered out of question. In case employers consider getting their employees tested in accordance to the federally accepted DOT rules, they can avail workers compensation benefits.

2) The Policy Layout

There is no written policy pertaining to the drug and testing requirements in the state of North Dakota, nonetheless, with regards to worker’s compensation and unemployment testing, the need for a written policy is a must. This goes for the employers.

3) Notices And Costs

The requirement of notices and costs is not considered a perquisite in the case of North Dakota. Likewise, there is no specification of the actual cost which is incurred in executing the so called medical tests. In case the employee is required to undergo any extra tests, those which are not covered in the specified drug tests, then the employee needs to bear the charges for the same.

4) The Consequences Of Drug Test

In case an employee fails to clear the drug test, he is said to test positive and in this scenario, he/she would be eligible for punishment. Unfortunately there are no laws which persecute such cases and hence it needs to be handled by the employer on his/her own accord.

5) Who All Are Eligible

The state of North Dakota has no restrictions on the number of employees or the nature of employment which needs to comply with the mandate of the drug testing scenario. Nonetheless, there are certain professions such as defense, security and construction which do require a drug eligibility test.

6) Where And When

Once again, the state of North Dakota does not insist that an employer is required to conduct a drug test on a specified date and location. On the other hand, it depends entirely on the employer to locate a suitable venue and time. This decision needs to be shared with the employees as well.

7) The Basis Of Compensation

The state laws do not state any specific court decisions. In case workers compensation is filed and a drug test conducted in accordance to the DOT rules wherein the employee is tested positive, there is bound to be a rebuttal presumption that the victim was indeed intoxicated. Thereafter, action would be taken by the employer in accordance to the general rules.

8) Immunity From Civil Liability

Under section 34-2-18, immunity for providing employment reference, an employer who truthfully discloses the date of employment, pay level, job description, wage statistics and job duties to a prospective employer or an employee is supposed to be immune from civil liabilities. This is in regards to the disclosure and the consequences of the disclosure of that information.

9) No Compensation

In case an employee is found guilty of drug abuse or has tried to unlawfully gain access to workers compensation, he/she would not be entitled for the same.

10) Free From Consequences

As compared to other states, there are no legal complications attached to an employee for having failed a drug test.

PASS DRUG TESTING NORTH DAKOTA