Employers in South Carolina must conduct drug tests in order to get a reduction on their workers’ compensation rates.
If your South Carolina employer or potential employer has requested you to undergo a drug test, you should be aware of your legal options. Employer drug testing is subject to minimal restrictions under federal law: Although the federal government mandates employers in a few safety-sensitive areas (such as transportation, aviation, and contractors with NASA and the Department of Defense) to conduct drug tests, federal law does not require – or ban – drug tests in other situations. This region is mostly governed by state and local regulations.
South Carolina, like many other states, has a drug-free workplace policy that regulates drug testing. Employers that implement such a program may be eligible for a reduction in their workers’ compensation insurance rates. To get their discount, companies must fulfill the state’s requirements. South Carolina mandates drug testing for firms participating in this program.
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South Carolina Job Application Procedures
South Carolina law makes no restrictions or prohibitions on candidate drug testing. Employers are not required to conduct application testing in order to qualify as a drug-free workplace.
Employee Regulations in South Carolina
A South Carolina firm must undergo random drug testing on all employees in order to qualify as a drug-free workplace for workers’ compensation reasons. Within 30 minutes following the first exam, the employer must administer a follow-up test. A positive test result must be communicated to the employee within 24 hours.
Legal Claims Relating to Drug Testing
Employees and candidates may have legal claims depending on how the test was done, who was tested, or how the findings were utilized, even though South Carolina law enables employers to drug test. Here are a few such examples:
Discrimination based on disability. The Americans with Disabilities Act protects an applicant or employee who is taking medicine for a disability (ADA). Some authorized pharmaceuticals show up on drug tests, whereas some illicit substances (such as opiates) are properly prescribed for specific ailments. If an application is denied due to a positive drug test and the applicant’s prescription was lawfully prescribed for a handicap, the employer may be held accountable.
Other charges of discrimination. An employer that targets certain categories of workers for drug testing, such as by color, age, or gender, may face a discrimination lawsuit.
Invasion of one’s privacy. Even if an employer is permitted or obligated to test, the manner in which the exam is conducted may breach employee privacy. Having workers disrobe or produce a urine sample in front of others, for example, might be an invasion of their privacy, depending on the circumstances.
Defamation. If the employer publicizes that the employee tested positive, the employer knew or obviously should have known that the test result was incorrect, and the employer acted maliciously, the employee may have a legitimate claim for defamation.