10 Things to Know About Workplace Drug Testing State Laws and Regulations in South Carolina
1) A Brief Overview
The state of South Carolina is considered a voluntary state. Here, the employer needs to seek financial incentives which are offered under the state law. In case the employer does not choose to follow these benefits, he/she may be allowed to follow the common law. This feature applies to those employers who are seeking benefits under the state laws.
2) The Worker’s Compensation Discount
As per the worker’s compensation discount, the employer has the benefit of availing 5% benefit under the state law. For this very purpose, the employer needs to conduct random testing on a regular basis. If the employer does so, he/she would be eligible for the state benefits and vice versa.
3) The Game Of Policies
In order to proceed with the drug or alcohol tests, the need for a written policy is considered a perquisite. The employer is also supposed to maintain respect with the individual so that the safety issues are well taken care of.
4) The Drug Abuse Policy
As per the drug abuse policy, the expression of intent to assist those who need it the most should be made. Likewise, it needs to be noted that the policy should make it clear that the use of drugs and alcohol should not be permitted.
5) The Need For A Written Notice
An employer cannot start tests on a random basis as for that he/she needs to follow a set pattern. A written notice needs to be in place well before the test is to take place and for this very purpose, an employer needs to ensure that he/she sends a written notice to the affected party.
6) Costs And Consequences
A drug and alcohol test involves a cost and these costs need to be bourn by the employer. Although the state of South Carolina does not segregate costs, it needs to be noted that the expenses need to be mutually decided amongst the employer as well as the employee.
7) Worker’s Unemployment And The RMO
In case an employee dies owing to a sudden accident while intoxicated, he/she shall not be in a position to receive any workman’s compensation benefit. Under section 42-9-60, such an act is considered as a wishful conduct and is not pardonable in nature. Here the worker is not eligible for any sort of compensation. The MRO is a confidentiality section which is yet to be specified.
8) Unemployment And Confidentiality
Employment benefits can be denied by the employer in cases wherein the employer reports to work in an intoxicated state. If he/she reports to work under the influence of alcohol and other banned substances, then again, their workman’s compensation may be denied by the employer.
9) Defrauding Tests And Reference Immunity
If in case an individual tries to sell, distribute or foil a drug or alcohol test, it is considered, under that state law of South Carolina, a misdemeanor in the first attempt and an offence in the second.
10) Who All Are Eligible
There is no hard and fast rule regarding the category of employees. In case an employee is engaged in a job which is considered hazardous in nature, he/she needs to get a drug or alcohol test on a regular basis and vice versa.
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