Drug Testing Law Summaries
North Dakota, Drug Testing Law Summaries
North Dakota's drug testing law is located in the North Dakota Century Code at Title 65, Chapter 65-01.
COVERAGE
North Dakota's drug testing law applies only to employers subject to North Dakota's workers' compensation law (Sec. 65-01-11).
WHAT THE EMPLOYER MUST DO
Authorized testing
Reasonable suspicion testing.- If an employer or doctor has reasonable grounds to suspect an employee's alleged work injury was caused by the employee's voluntary impairment caused by use of alcohol or illegal use of a controlled substance, the employer or doctor may request that the employee undergo testing to determine if the employee had alcohol or a controlled substance in the employee's system at levels greater than the limit set by the United States Department of Transportation at the time of the injury.
Employer rights and protections
Employee refusal of testing.- If an employee refuses to submit to a reasonable request to undergo a test to determine if the employee was impaired, the employee forfeits all entitlement to workers' compensation benefits arising out of that injury.
Medical examinations
Whenever an employer requires an employee, or prospective employee, to take a medical examination, or furnish any medical records, as a condition of retaining or obtaining employment, the employer must bear the cost of the examination or the furnishing of the medical records. “Medical examination” includes any test for the presence of drugs or alcohol. An employer violating these provisions is guilty of an infraction (Sec. 34-01-15, as amended by H. 1096, L. 1999, effective August 1, 1999).
TESTING
Test results
Cutoff levels.- An alcohol concentration level at or above the limit set by the United States Secretary of Transportation under federal law (49 CFR 383.51) or a level of an illegally used controlled substance sufficient to cause impairment found by a test required by a physician, qualified technician, chemist, or registered nurse and performed as required by the United States Secretary of Transportation under federal law (49 CFR, Part 40), at or above the cutoff level, creates a rebuttable presumption that the injury was due to impairment caused by the use of alcohol or the illegal use of a controlled substance.
Falsifying drug test results.- A person who willfully defrauds a urine test designed to detect the presence of a chemical substance or a controlled substance or who willfully manufactures, advertises, sells, or distributes any substance or device that is intended to defraud such a urine test commits a class A misdemeanor offense. Effective August 1, 2009, a person who knowingly possesses, distributes, or assists in the use of a device, chemical, or real or artificial urine advertised or intended to be used to alter the outcome of a urine test is guilty of a class A misdemeanor offense (Sec. 19-04-09 and Sec. 12.1-11-07, as amended by H. 1244, L. 2009, enacted April 8, 2009, and effective August 1, 2009).
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