by Amanda Jones, Staff Writer & Editor
The Top 5 Things to Know About Drug Testing in NORTH DAKOTA
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North Dakota sits at the top of the contiguous United States and is known for its wide-open spaces, fiercely cold winters, and family-centered values. Although its population is one of the smallest in the US, its top industry, Oil Drilling & Gas Extraction[1], requires especially safe working conditions and alert employees.
Following are five things you need to know about what North Dakota is doing in drug testing to keep workers safe.
- Drug Testing Law Type: North Dakota is a pro-drug testing state with few restrictions. One of those few is in regards to how workplace drug testing is paid for (mainly that the employer requesting the test must pay for it to be completed), as well as certain guidelines that must be adhered to in order to deny workers’ compensation claims.
- Special Policy on Cheating: A person is guilty of a class A misdemeanor if that person willfully defrauds a urine test that is designed to detect the presence of a chemical substance or a controlled substance. A person is guilty of a class A misdemeanor if that person knowingly possesses, distributes, or assists in the use of a device, chemical, or real or artificial urine advertised or intended to be used to alter the outcome of a urine test.[2] No other form of testing was specified.
- Workers’/Unemployment Compensation Denial: In order to deny workers’ compensation benefits, an employer must be conducting drug and/or alcohol testing in accordance with certain requirements established by the state. These include, in some circumstances, compliance with some aspects of the U.S. DOT drug and alcohol testing regulations. Employers are not required to comply unless they wish to possibly move to deny workers’ compensation claims. If an employee refuses to submit to a reasonable request to undergo a drug test, the employee forfeits all entitlement to benefits arising out of an injury.
- Marijuana Laws: Medical marijuana is legal as of 2016. However, the law does not restrict an employer from disciplining an employee for using or being under the influence of medical marijuana while working or possessing medical marijuana in the workplace.[3] Recreational marijuana production and use are not legal. In 2019, possession of small amounts of cannabis (5 ounces/14 grams or less) for personal use was decriminalized.[4]
- How to Test: If an employer suspects a work-related injury took place because of voluntary drug use, they may “request” that the employee take a drug test. In some instances, the law requires USDOT compliance. A test must be conducted by a physician, qualified technician, chemist, or registered nurse to give rise to a presumption of illegal drug use or intoxication. They must also use federal cut-off levels when testing.[5]
The Current Consulting Group provides extensive information about laws in each state that affect workplace drug and alcohol testing at CurrentCompliance.org. Learn how to subscribe here.
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[1] https://www.ibisworld.com/united-states/economic-profiles/north-dakota/#:~:text=What%20are%20North%20Dakota’s%20Largest,and%20%247.4b%20in%202023.
[2] https://www.ndlegis.gov/cencode/t12-1c11.pdf
[3] https://www.ndlegis.gov/cencode/t19c24-1.pdf
