Drug Testing Law Summaries
North Carolina, Drug Testing Law Summaries
North Carolina's drug testing law is located in the General Statutes of North Carolina at Chapter 95, Article 20. There are also testing provisions under the Commercial Driver License Act (Chapter 20, Article 2C).
DEFINITIONS
“Examiner” means a person, firm, or corporation, doing business in North Carolina, including state, county, and municipal employers, who is the employer or prospective employer of the examinee and who performs or has performed by an approved laboratory a controlled substance examination (Sec. 95-231(2)).
“Examinee” means an individual who is an employee of the examiner or an applicant for employment with the examiner and who is requested or required by an examiner to submit to a controlled substance examination (Sec. 95-231(3)).
“Controlled” substance means a drug, substance, or immediate precursor included in Schedules I through VI of Article 5, the North Carolina Controlled Substances Act, or a metabolite derived from such (Secs. 90-87(5) and 95-231(1a)).
“Sample” means the examinee's urine or blood or oral fluids obtained in a minimally invasive manner and determined to meet the reliability and accuracy criteria accepted by labs for the performance of drug testing (13 NCAC 20.0101, amended effective January 16, 2002).
“Screening” means initial controlled substance examination performed for the purpose of determining use of controlled substances by an examinee (Sec. 95-231(4)).
“Controlled substance examination” means all actions related to drug testing for the purpose of determining if an examinee has used controlled substances (Sec. 95-231(1b)).
“Approved laboratory” means a clinical chemistry laboratory that performs controlled substances testing and has demonstrated satisfactory performance in the forensic urine drug testing programs of the United States Department of Health and Human Services or the College of American Pathologists for the type of tests and controlled substances being evaluated (Sec. 95-231(1)).
COVERAGE
Both private and public employers are covered by North Carolina's drug testing law.
EXCEPTIONS
North Carolina's drug testing law does not apply to a controlled substance examination required by the United States Department of Transportation or the United States Nuclear Regulatory Commission (Sec. 95-235).
PROCEDURES
Examiners may perform testing in the following manner (Sec. 95-232(c)):
perform the screening test on-site for prospective employees, provided that samples that demonstrate a positive drug test result are sent to an approved laboratory for confirmation; or
have an approved laboratory perform both the screening and confirmation tests.
WHAT THE EMPLOYER MUST DO
While North Carolina's drug testing law does not require employers to conduct controlled substance examinations, an examiner who requests or requires an examinee to submit to a controlled substance examination must comply with the procedural requirements set forth under the law (Sec. 95-232(a) and 95-233).
Commercial Driver License Act.- Effective December 1, 2005, the employer of any employee who tests positive in a drug or alcohol test required under 49 CFR Part 382 and 49 CFR Part 655 shall notify the Division of Motor Vehicles in writing within five business days following the employer's receipt of confirmation of a positive drug test. The notification shall include the driver's name, address, driver's license number, social security number, and results of the drug or alcohol test (Sec. 20-37.19(c), as amended by H. 740, L. 2005, effective December 1, 2005).
TESTING
Collection of specimen
The collection of samples for examination or screening must be performed under reasonable and sanitary conditions, and individual dignity must be preserved to the extent practicable. Samples must be collected in a manner reasonably calculated to prevent substitution and interference with the collection, examination, or screening of samples (Sec. 95-232(b)).
Chain of custody.- The examiner or examiner's agent must establish procedures regarding chain of custody for sample collection and examination to ensure proper recordkeeping, handling, labeling, and identification of examination samples (Sec. 95-232(e)).
Confirmation tests
An approved laboratory must confirm any sample that produces a positive result by a second examination of the sample utilizing gas chromatography with mass spectrometry or an equivalent scientifically accepted method (Sec. 95-232(c1)).
Storage of specimens.- A portion of every sample that produces a confirmed positive examination result must be preserved by the laboratory that conducts the confirmatory examination for a period of at least 90 days from the time the results of the confirmed positive examination are mailed or otherwise delivered to the examiner (Sec. 95-232(d)).
Employee's right to retest.- The examinee has the right to retest a confirmed positive sample at the same or another approved laboratory (Sec. 95-232(f)).
The examiner, through the approved laboratory, must make confirmed positive samples available to the affected examinee, or a designated agent, during the time the sample is required to be retained. The examinee must request release of the sample in writing specifying to which approved laboratory the sample is to be sent. The examinee incurs all reasonable expenses for chain of custody procedures, shipping, and retesting of positive samples related to this request (Sec. 95-232(f)).
ENFORCEMENT
The Commissioner of Labor has the authority to adopt, modify, or revoke such rules as are necessary for carrying out the provisions of North Carolina's drug testing law. The rules adopted must promote individual dignity and privacy while not posing an undue burden on employers (Sec. 95-234(e)).
WHO TO CONTACT
Contact the Labor Department at Labor Building, Four W. Edenton Street, Raleigh, NC 27601. Telephone: (919) 733-0359. Fax: (919) 733-6197.
RECORDKEEPING
The examiner or examiner's agent must establish procedures regarding chain of custody for sample collection and examination to ensure proper recordkeeping (Sec. 95-232(e)).
PENALTIES
Examiners violating North Carolina's drug testing law are subject to a civil penalty of up to $250 per affected examinee, with the maximum not to exceed $1,000 per investigation by the Commissioner of Labor or the Commissioner's authorized representative (Sec. 95-234(a)).
In determining the amount of the penalty, the Commissioner must consider both (1) the appropriateness of the penalty based on the size of the business of the employer charged and (2) the gravity of the violation (Sec. 95-234(a)).
The determination by the Commissioner is final, unless within 15 days after receipt of notice of the determination by certified mail, the person charged with the violation takes exception to the determination, in which event final determination of the penalty will be made in an administrative proceeding, subject to judicial review (Sec. 95-234(a)).
The amount of the penalty when finally determined may be recovered in a civil action brought by the Commissioner in the General Court of Justice (Sec. 95-234(b)).
Statute of limitations.- Assessment of penalties under North Carolina's drug testing law are subject to a two-year statute of limitations commencing at the time of the occurrence of the violation (Sec. 95-234(d)).
<p>Statute of limitations.— Assessment of penalties under North Carolina's drug testing law are subject to a two-year statute of limitations commencing at the time</p>
/resources/state_laws/north_carolina/north_carolina_drug_testing_law_summaries.aspx