Laws, Drug testing in the workplace is an important aspect of ensuring safety and productivity. While many states have comprehensive drug testing laws, the state of North Dakota is considered an “open” drug testing state, meaning there are no specific statutes or regulations that restrict how employers can conduct drug and alcohol testing programs. In this guide, we will explore the various aspects of drug testing in North Dakota, including the types of tests conducted, the legal implications, and the requirements for different job positions.
Types of Drug Tests
Stimulant Tests: Stimulant drugs, such as amphetamines and cocaine, are commonly tested in the workplace to detect their presence in an employee’s system. These tests are designed to identify recent use or abuse of stimulant substances.
Opioid Tests: Opioids, including prescription painkillers and illegal drugs like heroin, are another category of drugs commonly tested in the workplace. Opioid tests are used to determine if an individual has used opioids recently.
Hallucinogen and Cannabis Tests: Hallucinogens, such as LSD and psilocybin mushrooms, and cannabis (marijuana) can also be included in workplace drug tests. These tests aim to identify recent use of hallucinogenic substances or cannabis.
Depressant Tests: Depressant drugs, such as benzodiazepines and barbiturates, may be included in workplace drug tests. These tests detect recent use of depressant substances.
Legal Implications of Drug Testing in North Dakota
While North Dakota does not have specific drug testing laws, employers must still comply with their organization’s testing requirements. Safety-sensitive positions, such as those within the North Dakota Department of Transportation, often require employee and applicant drug testing. It is essential for employers to stay informed about federal regulations and industry best practices when implementing drug testing programs.
Defrauding a Drug Test
It is important to note that defrauding a drug test is a serious offense in North Dakota. Possessing, distributing, or assisting in the use of devices, chemicals, or artificial urine to alter the outcome of a drug test is considered a class A misdemeanor. Employers should be aware of the legal consequences and take necessary measures to prevent and detect any attempts to defraud drug tests.
Workers’ Compensation Claims and Intoxication Defense
In North Dakota, the intoxication of an employee may be used as a defense against a workers’ compensation claim. However, the specific criteria for using intoxication as a defense vary, and employers should consult with their insurance company and attorney when dealing with a refusal or positive post-accident drug test after an injury.
In order to initiate the necessary procedures, it is advisable to take the initiative and for the purpose of undergoing a thorough examination.
Employer Responsibilities and Best Practices
Developing a Drug Testing Policy
While North Dakota does not have specific legislation regarding drug testing, it is advisable for employers to have a comprehensive drug testing policy in place. The policy should include language about which positions are covered, the testing process, employee selection criteria, confidentiality of records, and the consequences of a positive test. It is crucial to ensure that the policy is administered in an equitable and non-discriminatory manner.
Determining Safety-Sensitive Positions
Employers must carefully evaluate job positions to determine if they qualify as safety-sensitive roles. Safety-sensitive positions are those that involve risks of injury to others, where even a momentary lapse of attention can have disastrous consequences. Examples of safety-sensitive positions include police officers, firefighters, heavy equipment operators, sanitation drivers, waste and sewage treatment plant operators, and drivers with commercial drivers licenses or US Department of Transportation licenses. Employers should consult legal counsel to determine which positions qualify as safety-sensitive.
Employee Handbook and Drug Testing Policy
Employers should ensure that their employee handbook contains a clear drug and alcohol testing policy. The policy should outline the positions covered, testing procedures, confidentiality of records, and the consequences of a positive test. It is crucial to emphasize that drug testing requirements are administered in an equitable and non-discriminatory manner. Employees should have access to the policy and understand their rights and responsibilities.
Implementing a Random Drug and Alcohol Testing Program
Employers in North Dakota have the option to implement a random drug and alcohol testing program for qualifying employees. However, it is important to note that only certain employees can be required to participate in a random testing pool, as determined by the United States Constitution. Safety-sensitive positions, such as those mentioned earlier, can be included in a random testing program.
The North Dakota League of Cities Program
The North Dakota League of Cities offers a random drug and alcohol testing program in partnership with Global Safety Network. The program is available for qualifying city employees and ensures that the required abstinence of alcohol and unauthorized substances is monitored on a routine basis.
Limited Random Testing of City Employees
Under the program, only city employees in safety-sensitive positions can be required to participate in the random drug and alcohol testing pool. Positions that involve risks of injury to others and meet specific criteria can be considered safety-sensitive. It is important to consult legal counsel to determine which positions qualify.
Enrollment and Testing Process
To participate in the program, cities need to complete the drug testing enrollment form and indicate the number of employees being enrolled in each pool: the DOT Pool or the Safety Sensitive Pool (non-DOT). The program charges an annual flat rate per employee for testing services.
Quarterly random selections are made from both pools, and a percentage of employees are tested for drugs and alcohol. The program ensures confidentiality and compliance with federal regulations. The testing is conducted using certified collectors and laboratories that meet the necessary standards.
Additional Testing Services
The North Dakota League of Cities Program focuses on random testing. However, cities have the option to contract directly with Global Safety Network or another company for additional drug testing services. This may include pre-employment testing, reasonable suspicion testing, or post-accident testing, depending on the needs of the city.
To initiate the evaluation process, it is prudent to consider and undergoing a comprehensive test.
Conclusion
While North Dakota does not have specific drug testing laws, employers still have the responsibility to ensure workplace safety and productivity. Implementing a comprehensive drug testing policy, particularly for safety-sensitive positions, is crucial. By following industry best practices and consulting legal counsel, employers can establish effective drug testing programs that promote a safe and drug-free work environment in North Dakota.
Disclaimer: This article is intended for informational purposes only and should not be considered legal advice. Employers should consult with legal counsel to ensure compliance with applicable laws and regulations.
