South Carolina Code 56-1-2220. Providing and testing specimens; reports of refusal to provide and results of tests to employer and department; records; admissibility of test results
(B) All medical review officers or breath alcohol technicians hired by or under contract to an employer shall report to the employer within three business days:
Terms Used In South Carolina Code 56-1-2220
- applicant: means a person holding a resident or nonresident commercial motor vehicle driver's license seeking employment with an employer described in subsection (2) who will perform a safety sensitive function as part of his employment. See South Carolina Code 56-1-2210
- Contract: A legal written agreement that becomes binding when signed.
- employee: includes a person holding a resident or nonresident commercial motor vehicle driver's license employed by an employer described in subsection (2) who performs a safety sensitive function, or an owner-operator subject to testing by a consortium or third party administrator who performs drug and alcohol testing services pursuant to 49 C. See South Carolina Code 56-1-2210
- employer: includes all motor carriers or employers who employ drivers who operate commercial motor vehicles and who are required to have a drug and alcohol testing program pursuant to the Federal Motor Carrier Safety Regulations, 49 C. See South Carolina Code 56-1-2210
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(1) a verified positive drug test or positive alcohol confirmation test of an employee or applicant;
(2) a refusal by an employee or applicant to provide a specimen for a drug or alcohol test under circumstances that constitute the refusal of a test under 49 C.F.R. § 40; or
(3) the submission of an adulterated specimen, a diluted positive specimen, or a substituted specimen by an employee or applicant.
(C) Employers shall make it a written condition of their contract or agreement with a medical review officer or breath alcohol technician, regardless of the state where the medical review officer or breath alcohol technician is located, that the medical review officer or breath alcohol technician is required to report to the employer the information required by subsection (B).
(D) Upon receipt of the notification from a medical review officer or a breath alcohol technician, employers shall report to the department within three business days:
(1) a verified positive drug test or positive alcohol confirmation test of an employee or applicant;
(2) a refusal by an employee or applicant made to a medical review officer or breath alcohol technician to provide a specimen for a drug or alcohol test under circumstances that constitute the refusal of a test under 49 C.F.R. § 40; or
(3) the submission of an adulterated specimen, a diluted positive specimen, or a substituted specimen by an employee or applicant.
(E) The notification required by this section must be made in a manner approved by the department and must include on the notification submitted to the department a coding method that indicates whether the person who is the subject of the notification is an employee or applicant.
(F) An employer must maintain a record of the notification to the department on each employee or applicant for three years.
(G) The records required by this section are subject to inspection by the Department of Public Safety.
(H) Evidence included in a person’s motor vehicle record that indicates the person tested positive on a drug or alcohol confirmation test, refused to submit to a drug or alcohol confirmation test, or submitted a diluted or adulterated specimen is not admissible in any action unless probative to demonstrate that the person was under the influence of drugs or alcohol at the time of an accident that is the subject of the action.