South Carolina drug testing locations
South Carolina drug testing laws
If your employer or prospective employer in South Carolina has asked you to take a drug test, you will want to know your legal rights. Federal law places few limits on employer drug testing: Although the federal government requires testing by employers in a few safety-sensitive industries (including transportation, aviation, and contractors with NASA and the Department of Defense), federal law doesn’t otherwise require – or prohibit drug tests. For the most part, this area is regulated by state and local laws.
Like a number of other states, South Carolina has a drug-free workplace program regulating drug testing. Employers who establish such a program can qualify for a discount on their workers’ compensation insurance premiums. However, employers must follow the state’s rules to get their discount. South Carolina requires employers in this program to drug test.
Rules for job applicants in South Carolina
South Carolina law doesn’t restrict or prohibit applicant drug testing. Employers don’t have to implement applicant testing to qualify as a drug-free workplace.
Rules for employees in South Carolina
To qualify as a drug-free workplace for workers’ compensation purposes, a South Carolina employer must conduct random drug testing among all employees. The employer must conduct a follow-up test within 30 minutes of the initial test. The employee must be notified within 24 hours of a positive test result.
South Carolina drug law for marijuana possession
The vast majority of drug test failures in South Carolina are for breaking state drug laws for marijuana, not federal or local laws. South Carolina drug laws have their own specific strengths you must avoid and weakness in which one can take advantage when it comes to marijuana. The same is true of the Federal Laws concerning marijuana.
Marijuana is the third most popular recreational drug in South Carolina behind only alcohol and tobacco. Marijuana has been used by nearly 100 million Americans at one time or another with an equal cross-section of people in South Carolina using marijuana. According to the federal government, some 25 million Americans have smoked marijuana in the past year and more than 14 million do so regularly despite harsh laws against its use. South Carolina is no exception in its implementation of marijuana law.
Unlike alcohol, for which impairment can be reasonably measured using a breathalyzer, valid detection for marijuana requires drug testing. This is time-consuming, complicated and the drug tests for marijuana cannot determine an approximate degree of impairment. The detection of marijuana is also complicated by the various types of drug testing available and the types of myths, half-truths and rumors that surround marijuana drug testing.
Legal claims arising from drug testing
Even though South Carolina law allows employers to drug test, employees and applicants may have legal claims based on how the test was conducted, who was tested, or how the results were used. Here are some examples:
Disability discrimination. An applicant or employee who is taking medication for a disability is protected by the Americans with Disabilities Act (ADA). Some prescribed medications turn up on drug tests, and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions. If an applicant is turned down because of a positive drug test, and the applicant’s medication was legally prescribed for a disability, the company could be liable.
Other discrimination claims. An employer who singles out certain groups of employees – for example, by race, age, or gender – for drug testing could face a discrimination claim.
Invasion of privacy. Even an employer that is allowed or required to test might violate employee privacy in the way it conducts the test. For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation, depending on the circumstances.
Defamation. An employee might have a valid claim for defamation if the employer publicizes that the employee tested positive, if the employer knew or clearly should have known that the test result was in error, and the employer acted maliciously.
Overview of South Carolina drug test laws
This Is but One Step in Learning to Pass a Drug Test. A Brief Overview – The state of South Carolina is considered a voluntary state. Here, the employer needs to seek financial incentives which are offered under the state law. In case the employer does not choose to follow these benefits, he/she may be allowed to follow the common law. This feature applies to those employers who are seeking benefits under the state laws.
The Worker’s Compensation Discount – As per the worker’s compensation discount, the employer has the benefit of availing 5% benefit under the state law. For this very purpose, the employer needs to conduct random testing on a regular basis. If the employer does so, he/she would be eligible for the state benefits and vice versa.
The Game of Policies – In order to proceed with the drug or alcohol tests, the need for a written policy is considered a perquisite. The employer is also supposed to maintain respect with the individual so that the safety issues are well taken care of.
The Drug Abuse Policy – As per the drug abuse policy, the expression of intent to assist those who need it the most should be made. Likewise, it needs to be noted that the policy should make it clear that the use of drugs and alcohol should not be permitted.
The need for a written notice – An employer cannot start tests on a random basis as for that he/she needs to follow a set pattern. A written notice needs to be in place well before the test is to take place and for this very purpose, an employer needs to ensure that he/she sends a written notice to the affected party.
Costs and Consequences – A drug and alcohol test involves a cost and these costs need to be borne by the employer. Although the state of South Carolina does not segregate costs, it needs to be noted that the expenses need to be mutually decided amongst the employer as well as the employee.
Worker’s Unemployment and the RMO – In case an employee dies owing to a sudden accident while intoxicated, he/she shall not be in a position to receive any workman’s compensation benefit. Under section 42-9-60, such an act is considered as a wishful conduct and is not pardonable in nature. Here the worker is not eligible for any sort of compensation. The MRO is a confidentiality section which is yet to be specified.
Unemployment and Confidentiality – Employment benefits can be denied by the employer in cases wherein the employer reports to work in an intoxicated state. If he/she reports to work under the influence of alcohol and other banned substances, then again, their workman’s compensation may be denied by the employer.
Defrauding Tests and Reference Immunity – If in case an individual try to sell, distribute or foil a drug or alcohol test, it is considered, under that state law of South Carolina, a misdemeanor in the first attempt and an offence in the second.
We all are Eligible – There is no hard and fast rule regarding the category of employees. In case an employee is engaged in a job which is considered hazardous in nature, he/she needs to get a drug or alcohol test on a regular basis and vice versa.