NC H442

Disqualifies unemployment insurance claimants in North Carolina who fail or refuse controlled substances testing for unlawful use of controlled substances or metabolites, effective July 1, 2023.

Requires testing as a condition of eligibility if a claimant was discharged for unlawful drug use or if suitable work is only available in occupations where drug testing is regularly conducted, including federally-regulated transportation and aviation positions, firearms-carrying occupations, and those identified by state or federal law.

Requires claimants to pay testing costs themselves, allows them to disclose prescription or over-the-counter medications that may affect results, and permits retesting at their own expense.

Allows claimants who test positive to reapply for benefits if they complete an approved substance abuse treatment program and undergo additional testing at their own expense.

Appropriates $500,000 for fiscal year 2023-2024 and $500,000 for fiscal year 2024-2025 to the Division of Employment Security to administer the drug testing program.

Requires the Division to assess hiring practices in construction and agriculture industries within 120 days to determine if controlled substances testing is appropriate for those occupations.