South Carolina Alcohol and Drugs laws & HR compliance analysis

South Carolina Alcohol and Drugs: What you need to know

The South Carolina Drug-Free Workplace Act (SC Code Sec. 44-107-10 et seq.) requires employers that receive state contracts or grants in the amount of $50,000 or more to certify that they will provide a drug-free environment by:
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• Publishing and distributing to all employees a policy stating that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited, and stating the consequences of a violation.
• establishing an employee drug-awareness program to educate employees about the employer's drug-free workplace policy, the dangers of drug abuse, the availability of counseling programs, and the penalties for violating the policy.
• Including in the policy a statement notifying employees that as a condition of employment, employees must abide by the terms of the policy and notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after the conviction.
• Notifying the using agency within 10 days of receiving notice of an employee conviction.
• Imposing a sanction on or requiring satisfactory participation in a drug abuse rehabilitation program by any employee convicted.
• Making a good-faith effort to maintain a drug-free workplace through implementation of the policy.
South Carolina law grants a workers' compensation premium credit of at least 5 percent to employers that set up programs aimed at preventing employees from using illegal drugs or alcohol on the job (SC Code Sec. 38-73-5041–1–15; ). The program must be certified by the Workers' Compensation Commission in accordance with guidelines or criteria for certification. The program must include random testing of all employees, with follow-up ...

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