Order a Drug Test in North Carolina

Pre-Employment Testing

North Carolina employers may require controlled-substance testing of prospective employees. The state statute allows a prospective employee’s initial screening examination to use a single-use test device, but a positive result must be confirmed by an approved laboratory before employment consequences are based on the result.

• Disclose the testing requirement before collection.
• Use a compliant specimen and collection process.
• Confirm positive screening results as required.
• Provide required result and retest information.
• Keep test information confidential.
• Keep DOT and non-DOT programs separate.

Current-Employee Testing

For current employees, North Carolina’s controlled-substance examination rules require the initial screening examination to be performed by an approved laboratory. A positive screening result must be confirmed using a second portion of the same sample with a different chemical process.

Employers should define testing reasons such as random, reasonable suspicion, post-accident, return-to-duty, or follow-up in policy and apply those rules consistently.

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Approved Laboratory and Screening Rules

Under G.S. 95-232, an examiner generally must use an approved laboratory for screening and confirmation. A prospective employee’s initial screen may use a single-use test device, while a current employee’s initial screening examination must be performed by an approved laboratory.

Official state source: North Carolina General Statutes, Chapter 95, Article 20

Positive Screens Require Confirmation

A positive initial screening result must be confirmed using gas chromatography with mass spectrometry or an equivalent scientifically accepted method. Confirmation must use a second portion of the same sample and a different chemical process from the initial screen.

The statute also requires retention of a confirmed-positive sample for at least 90 days after results are mailed or otherwise delivered to the examinee.

Official state source: G.S. 95-232

Notice and Retesting Rights

When a confirmed positive result is reported, the examinee must receive written notice of the result and the right to retest the confirmed-positive sample at the same or another approved laboratory. The examinee must request release for retesting within 90 days after notification and bears the cost of the retest.

Official state source: G.S. 95-232

Confidentiality

G.S. 95-232 requires employers to keep controlled-substance examination information confidential. Release is limited to the examinee, persons designated in writing by the examinee, and persons or entities authorized by law or a court or government agency.

Official state source: G.S. 95-232

Department of Labor Rules

The North Carolina Department of Labor’s Controlled Substance Examination Regulation rules supplement Article 20 with procedures addressing collection, chain of custody, laboratory requirements, cutoffs, reporting, retesting, and other program details. Employers should review the current statute and rules together.

Official state source: North Carolina Department of Labor — Controlled Substance Examinations

Federal Programs Remain Separate

DOT-regulated testing follows federal agency rules and 49 CFR Part 40. Employers should keep DOT and non-DOT policies, forms, random pools, testing reasons, and orders separate. A state-law non-DOT test does not substitute for a federally required DOT test.

THC Testing May Be Included in Employer Programs

North Carolina’s controlled-substance examination law regulates the testing process rather than creating a broad marijuana-positive employment protection. An employer may include marijuana in a lawful non-DOT testing policy, subject to the state testing statute, implementing rules, disability law, contracts, and other applicable requirements.

Hemp and Cannabinoid Products Require Careful Review

Legal hemp-derived products can create practical interpretation issues in THC testing. Employers should avoid assuming that a laboratory result alone establishes present impairment or identifies the exact source of THC exposure. Use confirmation and qualified medical review where appropriate and apply the written policy consistently.

DOT Rules Are Separate from Non-DOT Testing

A personal or employer non-DOT drug test should not be substituted for a test that is required under DOT regulations. DOT programs have specific requirements for test reasons, forms, collection procedures, laboratories, Medical Review Officers, refusals, records, and return-to-duty processes.

Federal source: U.S. Department of Transportation — 49 CFR Part 40

For additional DTC guidance, see FMCSA resources, DOT regulations, and DOT drug testing.

Examples of DOT-Regulated Industries

• Commercial motor carriers regulated by FMCSA.
• Aviation employers regulated by FAA.
• Railroad employers regulated by FRA.
• Public transit employers regulated by FTA.
• Pipeline operators regulated by PHMSA.
• Other covered transportation operations under federal rules.