South Carolina – State Law Drug & Alcohol Testing Issues at a Glance

PocketPart40 State Laws at a Glance is a collaboration with professionals across the workplace drug testing industry to provide a free resource on workplace drug testing laws, regulations, legislation, issues of interest and significant case authority. See disclaimer below.

     1) Summary
All types of testing with no restrictions and all testing procedures with no specific requirements, unless employers wish to comply with the voluntary Workers Compensation Voluntary Premium Reduction Act.
2) Workers Compensation Voluntary Premium Reduction State (if yes see below)
3) Employers Covered by Federal Drug Free Workplace Act
4) State Constitution Privacy Provision
5) Penalties and Remedies for Employer Non-Compliance
6) Significant Testing Restrictions
7) Disability Coverage
8) Drug and Alcohol Testing Restrictions
9) Worker’s Compensation Disqualification Laws
10) Unemployment Compensation Disqualification Laws
11) Alcohol Cut-off Levels
Not Specified
12) Substances Allowed for Testing
(1) Amphetamines (including Ecstasy); (2) Cannabinoids; (3) Cocaine; (4) Phencyclidine (PCP); (5) Opiates; or a metabolite of any of the above substances and mind altering synthetic narcotics or designer drugs
· Substances Cut-off Levels
Not Specified
13) Drug Specimen Types
Not Specimen Specific
14) Types of Drug Testing and Restrictions
· Pre Employment
· Reasonable Cause
· Random
· Post Accident
· Follow-up Testing
15) Restrictions on Types of Workplace Drug Tests
16) Collection Procedures
· Generally
· Observed Collections
Not Specified
· Split Specimen
Not Required
17) Drug Testing Falsification Law
18) Point-of-Collection Device
· Urine
· Oral Fluids
19) Safety-Sensitive Restriction
Not Specified
20) Laboratory Based Testing
· Laboratory Certifications
· Oral Fluids
Not Specified
· Hair Testing
Not Specified
21) Notification of Test Results
Notify the employee, in writing, of his/her positive test result within 24 hours of receipt
22) Rehabilitation Requirements
Not Specified
23) Retest Required
Not Specified
24) Wage Payment Requirements
25) Disciplinary Action Restriction
26) State CDL DMV Reporting
27) State Medical Marijuana Laws
28) Union Agreements
29) Unique to State Issues
30) State Enforcement Agency
31) Web Resources
32) Significant Case Authority
33) Workers Compensation Premium Reduction Statute Citation
· Amount of Premium Reduction
· Written Drug Testing Policy Requirements
Employer’s must notify all employees of their drug prevention program and policies either when it establishes its program or when the employee is hired, whichever is earlier.
· Specifies Testing Circumstances
· Specimen Type and Panels
                        Not Specimen specific; 5 panel
· Who Pays for Testing Costs
· Timing of Testing
· Laboratory Requirements Generally
· Training Requirements
Not Specified
· Collection Procedure Required
The sample must be collected and labeled by a licensed health care professional or another individual authorized to collect and label test samples by federal or state law, including law enforcement personnel
· MRO Review Requirements
· Positive Result Notification Requirements
Notify the employee, in writing, of his/her positive test result within 24 hours of receipt
· Confidentiality Requirements
· EAP Requirements
· SAP Requirements
· Recordkeeping Requirements
· Re-Testing Required
· Employee Opportunity to Explain
· Application Submission to State

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This blog is for educational purposes only and does not constitute legal advice. "No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers."

PocketPart40 Editors:

Tommy Eden is a management labor & employment law attorney with Constangy, Brooks & Smith, LLP, who is licensed to practice in Alabama and  or call 334-241-8030

Dr. C.B. Thuss, Jr. is a Certified Medical Review Officer. or 205-283-1040

Mary Hines is past president of SAPAA and owner of Simple Path training and compliance solutions. or 214-697-1249

South Carolina Contributors:

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