Drug Testing Laws in the State of North Dakota

WORKERS COMPENSATION

Workers' Compensation State law provides that a work-related injury is not compensable if the injury was caused by the use of intoxicants or controlled substances. N.D. Cent. Code § 65-01-02 (9)(b)(1995). Alcohol or drug testing is authorized when a doctor or employer has a reasonable suspicion that the employee's work injury was caused by the employee's use of alcohol or a controlled substance. A positive drug or alcohol test at or above the levels determined in the U.S. DOT's drug and alcohol testing regulations creates a rebuttable presumption that the injury was due to impairment from the use of alcohol or drugs. A refusal to submit to a drug test results in forfeiture of all benefits