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
Yes
3) Employers Covered by Federal Drug Free Workplace Act
Yes
4) State Constitution Privacy Provision
Yes
5) Penalties and Remedies for Employer Non-Compliance
No
6) Significant Testing Restrictions
No
7) Disability Coverage
8) Drug and Alcohol Testing Restrictions
Yes
9) Worker’s Compensation Disqualification Laws
Yes
10) Unemployment Compensation Disqualification Laws
Yes
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
Permitted
· Reasonable Cause
Permitted
· Random
Required
· Post Accident
Permitted
· Follow-up Testing
Permitted
15) Restrictions on Types of Workplace Drug Tests
Yes
16) Collection Procedures
· Generally
· Observed Collections
Not Specified
· Split
Not Required
17) Drug Testing Falsification Law
Yes
18) Point-of-Collection Device
· Urine
· Oral Fluids
19) Safety-Sensitive Restriction
Not Specified
20) Laboratory Based Testing
· Laboratory Certifications
NIDA/CAP
· 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
Employer
25) Disciplinary Action Restriction
26) State CDL DMV Reporting
27) State Medical Marijuana Laws
No
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
5%
· 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
Employer
· Timing of Testing
· Laboratory Requirements Generally
NIDA/ CAP
· 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
No
No
· 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 Georgia
Mary Hines is past president of SAPAA and owner of Simple Path training and compliance solutions. maryhines@gmail.com or 214-697-1249
South Carolina Contributors:
