What are the restrictions on employee drug testing?

In North Carolina, employers have the right to require drug testing of their employees if their policy is established and enforced equitably. The policy should include specific guidelines on when and how drug tests must be administered and what substances will be tested. Employers must comply with the Drug-Free Workplace Act, which requires employers to have a written policy that outlines prohibited drug use, the consequences of a positive drug test, and the procedure for administering tests. An employee is not allowed to be tested unless he or she has received a copy of the policy and signed a written consent form. The employer cannot force an employee to take a drug test unless there is reasonable suspicion, such as erratic behavior or evidence of drug use. Additionally, the employer must provide employees with a minimum of two hours of notice before administering the test. The employee must also be provided with the results of the test and an opportunity for a second opinion. Employers are also restricted from testing employees who are injured on the job; for example, an employer cannot require an employee to take a drug test if he or she has been injured on the job and seeks medical attention. The employee must also provide a written statement indicating any medications that were prescribed. Finally, employers cannot discriminate against an employee based on the results of his or her drug test. If an employee tests positive for illegal substances, the employer is required to provide the employee with an opportunity to enter a drug treatment program instead of being terminated.

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What are the restrictions on employee drug testing?

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