General Drug Testing

• On-Site Testing - Permitted for pre-employment screens only. All positive results must be confirmed at a certified laboratory. See Definitions.
• Confirmation Requirement -  All positive screens must be confirmed via GC/MS or an equivalent technology at a laboratory certified by the U.S. Dept. of Health & Human Services or the College of American Pathologists. A positive specimen must be preserved for 90 days from the time the results are mailed or delivered to the Company.
• Permitted Specimens - The North Carolina Dept. of Labor has defined permitted specimens as urine, saliva, hair or blood.

Administration

• Results Reporting - Test results must be reported within 30 days of receipt by the Company.  The individual also must advised of his or her right for a retest.
• Retesting - Employees and applicants who test positive may request the retest of a confirmed positive sample at the same or another approved laboratory.  The individual must request the release of the original sample in writing and specify to which approved laboratory the sample is to be sent. The employee or applicant who requests the retest incurs all reasonable expenses for chain of custody procedures, shipping, and retesting of positive sample(s).
• Costs of Drug Tests - The employer will pay for all drug tests required by the Company.
• Confidentiality - The Company will keep test results confidential unless otherwise authorized by the individual being tested or when required by law.
• Drug Test Cheating - In North Carolina is it unlawful for a person cheat or help another person cheat on a drug test. See the North Carolina General Statute 14 under Definitions
• Commercial Motor Vehicle Operator Test Results - CMV operators subject to U.S. DOT regs who test positive must be reported to the NC Division of Motor Vehicles within 5 business days of receipt of the test result.

Definitions

"On-site" means any location, other than an approved laboratory, at which a screening test is performed on prospective employees.  For example, "on-site" locations include, but are not limited to, the examiner's place of business or a hospital, physician's office, or third-party commercial site operated for the purpose of collecting samples to be used in controlled substance examinations.

"Preliminary screening procedure" means a controlled substance examination that uses a single-use test device that:

1. Is portable and can be administered on-site;
2. Meets the requirements of the U.S. Food and Drug Administration for commercial distribution contained in Title 21, Part 807 of the Code of Federal Regulations; and
3. Meets the generally accepted cutoff levels contained in the Mandatory Guidelines for Federal Workplace Drug Testing Programs adopted by the U.S. Department of Health and Human Services' Substance Abuse and Mental Health Services Administration in 69 FR 19644.

"Single-use test device" means the reagent-containing unit of a test system that:

1. Is in the form of a sealed container or cartridge that has a validity check, a non-resealable closure, or an evidentiary tape that ensure detection of any tampering;
2. Is self-contained and individually packaged;
3. Is discarded after each test; and
4. Does not allow any test component or constituent of a test system to interact between tests.

North Carolina General Statutes

§ 14‑401.20.  Defrauding drug and alcohol screening tests; penalty.

1. It is unlawful for a person to do any of the following:
   1. Sell, give away, distribute, or market urine in this State or transport urine into this State with the intent that it be used to defraud a drug or alcohol screening test.
   2. Attempt to foil or defeat a drug or alcohol screening test by the substitution or spiking of a sample or the advertisement of a sample substitution or other spiking device or measure.
2. It is unlawful for a person to do any of the following:
   1. Adulterate a urine or other bodily fluid sample with the intent to defraud a drug or alcohol screening test.
   2. Possess adulterants that are intended to be used to adulterate a urine or other bodily fluid sample for the purpose of defrauding a drug or alcohol screening test.
   3. Sell adulterants with the intent that they be used to adulterate a urine or other bodily fluid sample for the purpose of defrauding a drug or alcohol screening test.
3. A violation of this section is punishable as follows:
   1. For a first offense under this section, the person is guilty of a Class 1 misdemeanor.
   2. For a second or subsequent offense under this section, the person is guilty of a Class I felony. (2002‑183, s. 1.).