Q. We are considering implementing a substance abuse policy. Are there any North Carolina regulations concerning such policies?
A. There are lots of legal considerations in implementing a substance abuse policy. However, there is little North Carolina statutory control over such policies.
The only related statute is the Controlled Substance Examination Regulation—N.C.G.S. § 95-230. That act addresses procedures and requirements for the administration of controlled substance examinations.
Generally, testing laboratories are more concerned with the requirements of the act than employers are. Nevertheless, employers should ensure that any drug testing services they use are “approved laboratories” under the act. Be sure to request indemnification from the testing service for any claims that may arise out of its actions.
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