Employment drug screening and testing is covered by SC. Code §38-73-500,§41-1-15
In South Carolina, attempting to adulterate or defraud drug screening tests is considered a misdemeanor on the first offense.
If convicted, the misdemeanor is punishable by a fine up to five thousand dollars and/or imprisonment of up to three years.
Further attempts can be prosecuted as felonies and are punishable by a fine of up to than ten thousand dollars and possible imprisonment of up to five years.
Employers may not discriminate by testing only certain groups of employees by race or gender for drug testing.
Nor, may they defame an employee by publicizing an employee’s positive test results.
In accordance with South Carolina’s Drug Dealer Liability Act, the employer of an individual user may also bring action for economic and non-economic damages against the person or persons who directly sold or furnished or otherwise participated in the marketing of an illegal controlled substance to an employee.employ of the employer.
An applicant who is taking medication for a disability is protected by the Americans With Disability act (ADA.)
Drug Free workplace credit on Workers’ Compensation premiums.
A 5 percent credit on workers’ compensation insurance premium is available for qualified and certified employer drug or alcohol abuse prevention programs in the workplace.
The employer’s program must include a compliance policy statement, notice of the policy to all employees and prospective employees, and confidentiality of all matters pertaining to the program must be maintained.
Also, the employer must include provisions for random sampling and conducting of a second test to be administered within 30 minutes of the first test.
Unemployment benefits and workers’ comp benefits may be denied if an employee refuses to test or there is evidence of intoxication from either alcohol or a controlled substance.
Our Automated Employment Screening provides an applicant controlled process that allows FCRA compliant background check forms, including Electronic Chain-Of-custody forms and releases to be completed online by the applicant.
We provide several short videos to easily acquaint you with the system.
This makes the background check process fast and easy.