Are Employee Drug Test Results Confidential In North Carolina?

Document created by 1002043 on May 12, 2015Last modified by 1002028 on May 25, 2015
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george pic for news.jpgThe results of employee drug tests are considered as confidential information.  However, employers (defined as examiners) are permitted to release these results according to the NCAC (North Carolina Administrative Code) as follows:

 

13 NCAC 20 .0503   RELEASE OF CONFIDENTIAL INFORMATION

Examiners and their agents may release information which would otherwise be confidential under this Chapter in the following circumstances:

 

    1. to the examinee or to any other person upon written authorization signed by the examinee;
    2. to laboratories performing screening, confirmation tests, or retests of confirmed positive results;
    3. for employment-related reasons.  Examples of employment-related reasons include:  performance evaluations,diiscipline and provisions of references; or
    4. to a government agency, court or other tribunal having jurisdiction over any claim or proceeding involving the examinee and the examiner.

 

Violations of breaching confidentiality are spelled out in NC GS 95-234 as follows:

 

(a) Any examiner who violates the provisions of this Article shall be subject to a civil penalty of up to two hundred fifty dollars ($250.00) per affected examinee with the maximum not to exceed one thousand dollars ($1,000) per investigation by the Commissioner of Labor or his authorized representative. In determining the amount of the penalty, the Commissioner shall consider:

    1. The appropriateness of the penalty for the size of the business of the employer charged; and
    2. The gravity of the violation.

 

 

For more information regarding THE CONTROLLED SUBSTANCE EXAMINATION REGULTION ACT (NC GS 95, Article 20) and ADMINSITRATIVE
RULES of the NCAC  (Title 13, Chapter 20) relating to such, go to http://www.nclabor.com/wh/statutes.htm.

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