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What is NC law on providing a second drug test? I took a…

What is NC law...

What is NC law on providing a second drug test? I took a preacreen drug test for my employer and it came up positive. But I took another drug test three days later and it came up negative. I want to take a second drug test to prove that I’m not using any substance to my employer.

Lawyer's Assistant: Have you discussed the drug test with a manager or HR? Or with a lawyer?

I discussed with HR and my manager. My HR is asking the background screening team and the company’s legal team

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This is a preemployment drug screen. I’m a recent college graduate with no criminal background. I was a heavy user for marijuana, but I quit two months ago. It was unfortunately stuck in my system by the time of my first drug test.

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Answered in 14 minutes by:
5/23/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,125
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

In NC, if a drug test for an applicant or employee produces a positive result, then the employer generally must confirm that result by a second examination at an approved laboratory.

The laboratory conducting the confirmation test must preserve a portion of confirmed positive samples for at least 90 days (N.C. Gen. Stat. Ann. § 95-232). Within 30 days from when the results are mailed or otherwise delivered to the employer, the employer must give written notice to the affected applicant or employee of: „ Any positive result. „ The applicant's or employee's rights and responsibilities regarding re-testing. (13 N.C. Admin. Code 20.0402.)

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The North Carolina Department of Labor's Wage and Hour Bureau enforces the Controlled Substance Examination Regulation Act. This means that if you are denied employment as a result of this test, then you could contact the state advising your rights may be violated.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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Customer reply replied 2 months ago
I can not provide a second urine sample?

Yes, you can. If it has come up negative, then you should be able to avoid any negative employment action.

What other questions did you have for me today about this?

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Customer reply replied 2 months ago
Okay I took a home drug rest and it came back negative. I just want a second drug test to prove that I’m not using any substance. It’s just very unfortunate timing.

I see. So, what you may need to do is take the drug test at an approved laboratory first. The home test might be fine, but your employer is going to rely on the lab test because there is little chance of tampering there.

Did you have any other questions for me today?

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Customer reply replied 2 months ago
okay thank you.
Customer reply replied 2 months ago
Does it also depend on the company if I can take a second drug test?

You're welcome and no, it doesn't matter on the company. The state law is what controls.

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Customer reply replied 2 months ago
Is there a specific law that I can show my employer that I can take a second drug test?

Yes. I actually referenced them up above so you can go back to them , but you should look at these statutes:

(N.C. Gen. Stat. Ann. § 95-232).

(13 N.C. Admin. Code 20.0402.)

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Customer reply replied 2 months ago
This company is Verizon

I see. Did you have questions for me about that at all?

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Customer reply replied 2 months ago
Okay. The way the law is worded; it seems like the employer can only retest the urine sample I already provided
Customer reply replied 2 months ago
But I want to use a new urine sample

I see. I haven't personally represented someone who has been in this situation in your state; however, there is nothing prohibiting the providing of a second sample or a second screen to help show them that you aren't using or under the influence.

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Customer reply replied 2 months ago
Okay thank you

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Customer reply replied 2 months ago
Sorry. I have one more question. If I get denied the chance to have a second drug test, what can I do?

You may have to file a complaint with your labor board if that is the case. They can conduct an investigation to tell you whether your rights were violated by the employer.

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Customer reply replied 2 months ago
Okay thank you. That’s all the question that I have. Your answer provided me a lot of comfort. I just want a second chance to prove that I’m not using any substances.

You bet. Thanks so much!

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Customer reply replied 2 months ago
Hey. I just got word back my employer and they said they can’t give me a second drug test because of company policy. Is there anything I can do to argue against that?

Hello, I just responded to your follow up post.

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