North Carolina employment drug testing is permitted without restriction. All costs of drug testing must be paid for by the employer, unless it is for a retest, in which case the subject must cover the costs of additional testing. All drug testing must take place in a certified laboratory, except in the cases of job applicant testing or when using an approved single-use testing device, where on-site testing is permitted. Once a sample has been taken from an employee, they must be given written notification of their rights and responsibilities under the Controlled Substance Examination Regulation Act. Within 30 days of the employer receiving a positive test result, they must give the subject notice of the result and their rights regarding retesting. An employee has the right to be retested at a certified laboratory of their choosing, at their own expense.

Laws – §95-230 to 235§13-20.0100 to 20.0602

Is Certified Testing Required? Yes.

Can employees be tested? Yes.

What can be Tested? Urine, blood, hair, and oral fluids are permitted to be taken as specimens for testing.

How To Conduct a Legal Drug Test

Step 1 – Before conducting a drug test, employee permission may be obtained through a Drug Test Release Form. All sample-taking must take place at a certified lab, unless it is for applicant testing or utilizing a one-time use device, in which case it may take place on-site. Once a sample has been taken, the subject must be given written notice of their rights and responsibilities regarding their employer’s drug testing procedures.

Step 2 – In accordance with state law, all drug testing must be conducted by a certified lab.

Step 3 – If the employer receives the test results for an employee where the employee tested positive for illicit drug use, they have 30 days to give the employee notice of the result and their right to be retested. If the employee wishes, they have the right to pay to be retested at a lab of their choosing.