South Carolina Drug Laws
We are going to explore two aspects of South Carolina drug laws and the information necessary to learn how to pass a drug test in South Carolina.
Learning The Basics Of South Carolina Drug Laws.
First, we are not attorneys and can not provide specific advice on the South Carolina Drug Laws. It is very important you seek professional advice skilled with legal advice that is familiar with the ins and outs of local South Carolina drug laws.
Second, for those of you who are concerned with those South Carolina Drug Laws being applied to you, we offer information on the major just four major drug tests one might be facing in South Carolina.
There Are Four Major Drug Tests Given In South Carolina.
Each drug test has its own specific strengths you must avoid and weakness in which one can take advantage. What you learn here could make the difference between failing and passing a drug test in South Carolina.
South Carolina Drug Laws For Employees.
South Carolina places strict limits on employer drug testing. South Carolina employers are not required to drug test applicants or employees.
Drug Testing for South Carolina Applicants.
Employers in South Carolina may require applicants to take a drug test after making a condition offer of employment. Employees must be allowed to provide test samples in private, outside the presence of any person. A positive result must be confirmed by a retest in a federally certified laboratory.
Drug Testing for South Carolina Employees.
A South Carolina employer may require an employee to take a drug test only if there are reasonable grounds, based on specific observations, to believe the employee is using controlled substances that are impairing job performance. Testing is not allowed in any other situations.
The employee must be allowed to provide the test sample in private, outside the presence of anyone else. A positive test result must be confirmed by a retest in a federally certified laboratory, and the employee has the right to have the sample retested separately at the employer’s expense.
An employer may not fire the employee on the basis of a positive drug test result, but must instead refer the employee to a licensed substance abuse professional. After the referral, the employer may require additional testing and may terminate the employee if those test results show that the employee is continuing to use drugs.
Legal Claims Arising From Drug Testing.
Have you been illegally asked or required to take a drug test in South Carolina? Even though South Carolina Drug Laws allow an employer to drug test, many employees and might may have legal claims based on how the test was conducted, who was tested or how the results were used.
Here are some examples:
- Violation of South Carolina Drug Laws And Procedures. Although an employer has the legal right to test, it must follow the state’s requirements. An South Carolina employer that doesn’t provide the required notice of its testing policy or observe state procedural rights (for example, by failing to conduct a confirmation test after an initial positive result or by allowing unauthorized personnel to perform the test) could face legal problems.
- 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.
- Defamation. An employee might have a valid claim for defamation if the employer ( that the employee tested positive, if the employer has reason to know that the test might not be accurate. For example, if a retest showed that the first test was a false positive or the employee has appealed the first test, the employer may be liable for revealing the results of the positive test beyond those with a need to know.
Breakdown Of South Carolina Drug Laws.
|Statute of Order:||S.C. Code §38-73-500,§41-1-15|
|Covered Employers:||All employers.|
|Applicant Testing:||Applicant testing is not subject to restriction.|
|Employee Testing:||Testing authorized, including random testing, with follow-up tests within 30 minutes of initial test.|
|Conditions & Methods:||Positive test results in writing to employee within 24 hours. Written notification of testing program when implemented or upon hire.|
|Testing Bullet Points:||
The South Carolina Drug Law For Marijuana Possession.
The Vast Majority Of Drug Test Failures in South Carolina Are For Breaking South Carolina 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.
Overview Of South Carolina Drug Test Laws.
- 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 bourn 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 tries 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.
- Who 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.