Are NC workers required to be drug tested? Can you be fired for failing one? What you need to Know

Drug Testing Requirements for New Hires in North Carolina

Drug Testing Laws in North Carolina: Can My Employer Drug Test Me?Photo byCarolina Center for Recovery

Federal and State Laws on Drug Testing

In North Carolina and across the United States, drug testing before starting a new job is a common practice. However, not all employers are legally required to conduct drug tests.

Both federal and state laws and regulations play a role in determining when and how drug testing can be conducted.

North Carolina Drug Testing Laws

The North Carolina Department of Labor (NCDOL) enforces the Controlled Substance Examination Regulation Act (CSERA). This state law was established to ensure procedural requirements for drug tests and to protect individuals from unreliable and inadequate testing methods. Here are some key points about the law:

• Drug Testing is Permitted, Not Required: Under state law, employers in North Carolina are permitted to drug test employees or job applicants, but it is not mandatory. Employers also have the option to conduct random drug tests on their employees.
• Employer Policies: Employers are allowed to set their own policies regarding the circumstances and conditions that will result in a drug test. This includes random testing, testing after workplace accidents, or testing based on reasonable suspicion of drug use.
• Confirmation of Positive Results: If an employee fails a drug test, the employer must follow their written policies, which typically require a confirmation test. State law mandates specific procedures for collecting samples and retesting positive samples to ensure accuracy and reliability.
• Costs of Testing: Employers are responsible for all expenses related to drug testing unless the employee requests a retest, in which case the employee may need to cover the cost of the additional test.

Can You Be Fired for Failing a Drug Test?

Yes, an employee can be terminated for failing a drug test if the employer has adhered to their written policies. However, any positive test result must be confirmed by a second examination before any employment action is taken.

Federal Drug Testing Requirements

There are no overarching federal laws that require most private employers to conduct drug tests. However, there are exceptions for specific sectors, including:

• Federal Contractors and Grantees: Employers who are federal contractors or receive federal grants may be subject to mandatory drug testing regulations.
• Safety and Security-Sensitive Positions: Industries and positions that are considered safety and security-sensitive, such as transportation, aviation, and certain federal jobs, are often required to conduct drug tests.

For more detailed information about federal regulations related to drug testing, visit the Substance Abuse and Mental Health Services Administration (SAMHSA) website. For specific details on North Carolina’s drug testing laws, refer to the NCDOL website.