In the state of North Carolina, rules regarding the testing of employees for drugs are governed by the state’s Controlled Substance Examination Regulation Act (CSERA). Employers who test employees for drugs must respect these rules in their testing programs.
A drug test is a chemical analysis of a biological specimen, commonly a person’s blood, breath, urine, or hair. The test is used to detect evidence of the presence or absence of specified drugs in a person’s body. Major applications of drug testing by employers involve detection of the drugs prohibited by law, such as cannabis, cocaine, methamphetamine, and heroin.
An employer might also test for alcohol intoxication through the use of blood alcohol content (BAC) tests of a person’s blood, breath, or urine.
Employers may believe that drug testing of employees offers the following benefits:
- Improved job performance by employees;
- Fewer job-related accidents;
- Reduced absenteeism;
- Improved morale among employees;
- Increased customer satisfaction.
Usually, employers request drug testing from employees who have been injured on the job. This is standard procedure as part of the workers’ compensation process. A local North Carolina attorney would be able to provide additional information about workers’ compensation in the state.
In North Carolina, workers’ compensation law does not require a drug test when a person is injured on the job, but many employers have policies that provide testing after an accident happens in the workplace.
To refuse a drug test in this situation could lead to a person’s workers’ compensation claim being contested or even denied by the employer’s workers’ compensation insurance company. It could also lead to termination of a person’s employment if the employer’s policy provides for that.
What Are the Rules for Testing Current Employees?
While North Carolina employee drug testing laws allow employers to screen job applicants and employees, they do not require them to do so. Employers may choose to implement a drug-testing program or not. If they do want to screen their employees for substance use, they need to follow the rules in the CSERA, which are as follows:
- Employers must use drug tests that are both reliable and minimally invasive;
- Samples must be taken in a way that is “responsible” and sanitary. They may be collected in the workplace or at an approved laboratory;
- Drug testing should respect the dignity and integrity of the employee;
- Prospective employees may undergo single-use testing if the results are displayed on-site;
- The results of testing of current employees must be revealed at an approved laboratory only;
- A positive test must be confirmed by a second test unless the employee tested signs a waiver agreeing to the single test;
- The employee must follow the chain of custody protocols when handling any samples.
Among other protections, a person failing a drug test at work in North Carolina has the right under the CSERA to a retest at the same or another approved laboratory. Of course, the employee is responsible for the cost of retesting, while the employer must cover the costs of the original test.
In addition, federal law requires certain employers to do mandatory drug testing, especially for jobs in industries in which safety is a special concern. The industries in which drug-testing is mandatory per federal law include transportation, aviation, Defense Department contracting and the National Aeronautic and Space Administration (NASA).
Drug testing done by the federal Department of Transportation and the Nuclear Regulatory Commission are exempt from the CSERA.
The state of North Carolina has a human resources manual entitled “Drug and Alcohol-Free Workplace,” which establishes the state’s policies for state government employee drug testing.
Can I Refuse a Drug Test at Work?
Virtually every state allows employers to require drug testing of job applicants. It is allowed in North Carolina as well. If an applicant tests positive, an employer may refuse to hire them for that reason. Also, if an applicant refuses a test, the employer may decline to hire the person.
Some states limit the situations in which an employer may require testing of current employees. As noted above, North Carolina requires that employers comply with the state’s CSERA.
Of course, an employer may not physically force a person, either a job applicant or an employee, to take a drug test. However, while an employee has a right to refuse a drug test, their employer has the right to refuse to employ them because of their refusal. If it is a current employee who refuses a legitimate test, the employer may impose sanctions up to and including firing.
If an employee objects to drug testing, they would want to become familiar with their employer’s drug-testing policy. They might be able to avoid any drug-testing that is not done in compliance with the employer’s policy.
What Are the Consequences of Refusing to Take a Drug Test?
The consequence of refusing to take a drug test mandated by an employer depends on the drug testing policy of the employer. But legally, an employer may subject a person who refuses drug testing to disciplinary action. Disciplinary action may include termination of the person’s employment.
Are There Any Exceptions?
There are some exceptions to these rules. A person may have a legitimate medical condition that prevents them from taking a urine test. So, if a person was able to provide a doctor’s note that excuses the person from urine testing, they might escape it without negative consequences.
The federal Americans with Disabilities Act (ADA) does not prevent employers from enforcing drug-free workplace policies or otherwise testing employees for drug use. It does not offer any kind of protection to employees who are using illegal drugs.
However, the ADA does make it illegal for employers to engage in employment discrimination against recovering alcoholics and drug users who are already receiving treatment for their addiction.
Also, under the terms of the ADA:
- Employers are prohibited from firing, refusing to hire, or refusing to promote a person because they have a history of substance use;
- Employers are also prohibited from firing, refusing to hire, or refusing to promote employees because they are enrolled in a drug or alcohol rehabilitation program.
Employers who have drug-testing programs want to be careful not to focus on employees for testing only because they look or act as though they are under the influence of drugs or alcohol. Many of the physical symptoms usually associated with alcohol and drug intoxication, e.g., slurred speech, disorientation, or a lack of coordination, can also be the result of a serious physical disability or medical condition.
People with disabilities or conditions that might mimic intoxication are protected by the ADA. Singling them out for testing or disciplinary action might lead to claims of discrimination.
Finally, employers should not ask employees about their legal prescription drug use as part of the pre-hiring or pre-promotion drug-testing process. While the case law in this area is not definitive, some state courts have ruled that asking for this information is a type of discrimination and violates the ADA.
While challenges to drug testing or drug-free workplace policies under Title VII of the Civil Rights Act are rare, employers should make sure that their programs treat all workers equally. They do not want to engage in selective drug testing. Employers especially want to avoid singling out employees of any particular race, ethnicity, or gender for testing or disciplinary action so as to avoid violating Title VII of the federal Civil Rights Act.
Again, a person would want to review their employer’s own policies, if the employer has them, to see if it allows exceptions. And it is important to keep in mind that an employer’s policies may provide that if a person takes and fails a mandatory drug test, the employer would not fire the person but would refer them to treatment or counseling.
Do I Need an Attorney if I Refuse to Take a Drug Test?
If you have refused a drug test at work, you want to talk to a North Carolina discrimination lawyer as soon as possible. LegalMatch.com can connect you to a lawyer who can analyze your situation and identify the best way for you to protect your employment. Employment law matters can be complex, but a lawyer can provide you with the legal representation and guidance needed for your case.
