Drug and Alcohol Testing in North Carolina

A public or private employer in North Carolina that requests or requires an employee to submit to a controlled substance examination must comply with the procedural requirements of the law in collecting samples to be tested, in selecting the laboratory to be used to test the samples, in preserving samples (for at least 90 days from the time that the confirmed positive results of a test are mailed or delivered to the employer) and in maintaining a chain of custody with regard to each sample. However, no employer is, by virtue of this law, required to conduct controlled substance testing.

Effective December 1, 2005, the employer of any employee who tests positive in a drug or alcohol test required under federal regulations shall notify the Department of Motor Vehicles in writing within five business days following the employer's receipt of confirmation of a positive test.