There are no State laws in South Carolina that prohibit or require an employer to conduct drug testing. However, if an employer is enrolled in the Drug Free Workplace Program, they will be required to conduct random drug testing on employees in exchange for employee benefits and a 5% discount on workers’ compensation fees. In order to be eligible for enrollment in the program, the employer must also establish a written substance abuse policy, notify all employees of the program, and adhere to any rules implemented by the insurer.

Can Current Employees Be Tested? Yes. If the organization is enrolled in the Drug Free Workplace Program, the employer must establish a written policy for the program and abide by the regulations stated within § 44-107-30.

Is Certified Testing Required? Not specified.

Laws § 44-107 and Drug Testing Policies and Procedures.

Who can be Tested? No restrictions.

How to Conduct a Legal Drug Test

Step 1 – Each candidate should fill out a Drug Test Release Form before being tested. After the form is complete, contact one of the drug testing facilities in South Carolina.

Step 2 – The testing facility will need to take a sample from the employee. There are no regulations on what samples types are restricted, however, the following samples are commonly taken from the employee/applicant:

  • Blood
  • Breath
  • Hair
  • Saliva
  • Urine

Step 3 – A positive test result must be confirmed by a secondary test within thirty (30) minutes of the initial test. The employee must be notified within twenty-four (24) hours after giving positive test result. If the employee wishes, he/she may have their sample reviewed by a Medical Review Officer and provide a legitimate explanation for the positive test result (e.g. prescription).