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A public or private employer in North Carolina that requests or requires an employee to submit to a controlled substance examination must comply with the procedural requirements of the law in collecting samples to be tested, in selecting the laboratory to be used to test the samples, in preserving samples (for at least 90 days from the time that the confirmed positive results of a test are mailed or delivered to the employer) and in maintaining a chain of custody with regard to each sample. However, no employer is, by virtue of this law, required to conduct controlled substance testing.

Reporting to State of CDL Driver Positives - North Carolina is one of the states continuing the new mini-trend of requiring drug-test positives for driver/employees with a commercial driver's license (CDL) to be reported to the state. An employer of any employee subject to the DOT regulations for the operation of commercial motor vehicles must report a positive test result for any required drug or alcohol test (under the FMCSA regulations) to the North Carolina Division of Motor Vehicles in writing within five business days after the employer's receipt of confirmation of the positive test.

The notification to the state must include: (1) the driver's name; (2) the driver's home address; (3) the driver's license number; (4) the driver's Social Security number; and (5) the results of the drug or alcohol test. The state's response is to: (1) disqualify the driver from operating a commercial motor vehicle (until assessment and successful treatment by a substance abuse professional can be demonstrated); and (2) place a notation in the driver's record for two years. The driver has 20 days after his or her notice of disqualification from the state to request a hearing. If there is a request for a hearing, the disqualification will be stayed pending the hearing's outcome. However, the hearing is limited to issues of testing procedures and protocol.