Workplace Drug Testing Laws in North Dakota
Though many states across the country have comprehensive employee drug testing laws, the state of North Dakota is not one of them. Considered an “open” drug testing law state, North Dakota has no drug testing legislation that restricts how an employer can conduct a workplace drug and alcohol testing program.
While workplace drug and alcohol testing isn’t mandatory in the state of North Dakota, it’s crucial employers always comply with their organization’s specific testing requirements. Safety-sensitive positions, such as those part of the North Dakota Department of Transportation, will typically require employee and applicant drug testing.
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North Dakota Drug Testing Compliance
North Dakota Drug Testing Laws Without Restrictions
|Drug Test Issue||Remarks|
|Recreational Marijuana||The recreational consumption of marijuana is prohibited under current North Dakota law. With no recreational marijuana laws in place, employers face no restrictions when conducting drug testing that includes the screening of marijuana.|
|Medical Marijuana||Under the North Dakota Compassionate Care Act, state legislation passed laws to allow the adult consumption of medical marijuana. Although such laws are in place, there are no employee drug testing laws in North Dakota that prevent employers from screening for marijuana consumption.|
|Instant or POCT Testing||Under current legislation, there are no North Dakota drug testing compliance laws that restrict employers from conducting on-site drug and alcohol testing using instant or POCT devices.|
|Random Testing||There are no employee drug testing laws in North Dakota that prohibit an employer from conducting random drug and alcohol testing for workplace purposes.|
|Specimens Tested||The state of North Dakota possesses no drug testing legislation that restricts the type of specimens that can be collected from employees for workplace drug and alcohol testing purposes.|
|Workers Comp||North Dakota has no employee drug testing laws that specify employers cannot use post-accident drug and alcohol testing for purposes of workers’ compensation. Under North Dakota Workforce Safety and Insurance code, workers’ compensation may be denied if an employee is found to be under the influence of controlled substances at the time of the workplace accident or refuses to submit to a drug and alcohol screening under workplace policy.|
|Substances Screened||North Dakota has no drug testing legislation that outlines what specific substances can and cannot be screened for employee and applicant drug and alcohol testing purposes. At a minimum, we recommend a 5-panel drug test that covers marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines.|
|Laboratories||There are no workplace drug testing laws in North Dakota that specify drug testing laboratory requirements that must be followed by employers; although, a SAMHSA-certified lab is always recommended.|
|Testing for Alcohol||Currently, the state of North Dakota does not possess any drug testing legislation that restricts employers from conducting both employee and applicant alcohol and drug testing.|
Other Services We Provide in North Dakota
If you’re looking for drug testing information related to a specific city in the state of North Dakota, try taking a look at our North Dakota clinic locations page. From there, you can select your city’s drug testing or DNA testing page to learn more.
We also offer North Dakota Background Checks. For more information, visit our North Dakota background check page.
This Information Is Not Intended for Legal Purposes
The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Please seek the advice of a legal expert regarding legal advice for drug testing laws in your state.