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Drug testing by employers in South Carolina is governed by these state rules.
In South Carolina, an employer may establish a drug prevention program in the workplace pursuant to the provision establishing merit rating for workers' compensation insurance that provides a credit for an insured that has a substance abuse prevention program.
The program should include:
The state also has a drug-free workplace law that applies to state contractors.
The testing procedure established by the insurer, employer or his designee, or approved by the director, must include a provision for random sampling of all persons who receive wages and compensation in any form from the employer and must provide for a second test to be administered within 30 minutes of the administration of the first test. Positive test results must be provided in writing to the employee within 24 hours of the time the employer receives the test results. Each employer must keep records of each test for up to one year.
All information, interviews, reports, statements, memos and test results, written or otherwise, received by the employer through a substance abuse testing program are confidential communications, but may be used or received in evidence, obtained in discovery or disclosed in any civil or administrative proceeding.
Insured employees who are discharged for cause are ineligible for workers' compensation benefits if the employer communicated a policy prohibiting the illegal use of drugs, the violation of which may result in termination, and the employee violates that policy.
The employee violates the employer's policy if the employee fails to provide a specimen upon request from the employer or otherwise fails or refuses to cooperate by providing an adulterated specimen, or the worker provides a specimen of blood, hair or urine during a drug test administered on behalf of the employer, which tests positive for illegal drugs or legal drugs used unlawfully without a prescription.