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Drug Testing Laws in the State of South Carolina

Drug-Free Workplace Act State law requires that every individual or business receiving a state grant or state contract for $50,000 or more must implement a drug-free workplace program in accordance with the state Drug-Free Workplace Act. Requirements include establishing and distributing a written substance abuse policy to all employees and establishing an employee drug education awareness program. SOUTH CAROLINA Drug Test Adulteration It is unlawful for a person to 1) sell, give, market, distribute, or transport urine with the intent to defraud a drug or alcohol screening test, 2) attempt to defeat a drug or alcohol test by substituting or spiking the sample with an adulterant, 3) adulterating a urine or other bodily sample with the intent to defraud an alcohol or drug test, or 4) possess or sell adulterants which are intended to be used to adulterate bodily samples for the purpose of defrauding a drug or alcohol test

WORKERS COMPENSATION

SOUTH CAROLINA Workers' Compensation Premium Reduction Program Provides for a five percent discount on workers' compensation premiums to employers who voluntarily establish a drug-free workplace program in compliance with the act. The statute calls for the Director to promulgate regulations for the certification of employer programs. At a minimum, the requirements include a written substance abuse policy statement, employee notification of program, confidentiality procedures, and random sampling of all employees. A second test must be conducted within thirty minutes of the initial test. S.C. Code Ann. §41-1-15 and 38-73-500 (1997). Workers' Compensation State law may deny compensation benefits if the employee's injury or death was occasioned by his or her intoxication


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