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Drug Testing in North Dakota

Filed under Office & HR.

Drug testing by employers in North Dakota is governed by these state rules.

North Dakota's drug testing law applies to employers subject to the Workers' Compensation Act.

If an employer or doctor has reasonable grounds to suspect an employee's alleged work injury was caused by the employee's voluntary impairment caused by use of alcohol or illegal use of a controlled substance, the employer or doctor may request that the employee undergo testing to determine if the employee had alcohol or a controlled substance in the employee's system at levels greater than the limit set by the United States Department of Transportation at the time of the injury.

If an employee refuses to submit to a reasonable request to undergo a test to determine if the employee was impaired, the employee forfeits all entitlement to workers' compensation benefits arising out of that injury.

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