Although there are very few restrictions on drug testing for private employers in North Dakota, employers are required to pay for all work-related medical procedures. If an employee refuses to participate in a test or they test positive for unlawful substance abuse, they are guilty of misconduct sufficient to justify their termination. Employers are otherwise free to mandate drug and alcohol tests of their employees and job applicants without restriction. However, in the circumstance of a worker’s compensation claim in regards to a work accident, drug/alcohol testing should proceed in accordance with the Department of Transportation (DOT)’s drug and alcohol testing procedures. In order to conform to DOT specifications, samples must be procured by individuals who pass the DOT’s training qualifications and then sent to a Department of Health and Human Services (HHS) certified lab for testing.
Laws – Title 65
Is Certified Testing Required? No.
Can employees be tested? Yes.
What can be Tested? No restrictions.
How To Conduct a Legal Drug Test
Step 1 – Before conducting a drug test, an employer can request that their employees sign a Drug Test Release Form in order to obtain their written authorization. A physical sample must be obtained from the subject in order to conduct a drug test.
Step 2 – The appropriate sample must then be sent to a lab for testing. A list of approved labs can be found on the Substance Abuse and Mental Health Association’s (SAMHSA) website.
Step 3 – When the results of the drug test are returned to the employer, they have the right to terminate the employment of anyone who tests positive. If this test is made in regards to a worker’s compensation claim, the Department of Transportation (DOT)’s drug and alcohol testing procedures must be followed.