Are NC workers required to be drug tested? Can you be fired for failing one?
In North Carolina and across the country, it’s a common requirement to take a drug test before starting a new job. But are all employers legally required to have new hires take one?
While many companies have workplace policies, there are federal and state laws and regulations regarding drug tests.
NC drug testing laws
The North Carolina Department of Labor enforces the Controlled Substance Examination Regulation Act, a state law officials say was established to ensure procedural requirements for drug tests and to protect people from unreliable and inadequate tests and procedures.
Under state law, employers can drug test employees or job applicants, but it is not required. The law also allows employers to randomly drug test their employees.
“CSERA does not specify circumstances under which drug testing is authorized or prohibited,” Erin Wilson, director of communications for NCDOL, told The Charlotte Observer. “Employers are allowed to set the circumstances and conditions that will result in a test for controlled substances.”
Can you be fired for failing a drug test?
Those circumstances and conditions could include random testing of current employees, an accident at work or reasonable suspicion of drug use by an employee, Wilson explained.
“An employee may be terminated for failing a controlled substance random test if the employer has followed their written policies,” Wilson said. “However, employees’ tests must be confirmed by a second examination.”
With any drug test, the state law does require specific procedures for collecting samples and retesting positive samples. Employers must also pay all expenses for the tests unless the employee requests a retest.
There are also no federal laws for most private employers to require drug tests, but there is an exception for federal contractors and grantees and safety and security-sensitive industries and positions.
You can find more information about federal laws related to drug testing on the Substance Abuse and Mental Health Services Administration website and more details on North Carolina’s state laws on the NCDOL website.
This story was originally published September 7, 2023 at 6:00 AM.
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