Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Duty of Care Owed To Employee Subjected To Drug Testing

By Lisa R. Claxton on March 26, 2019
Email this postTweet this postLike this postShare this post on LinkedIn

On March 20, 2019, the South Carolina Supreme Court recognized that a drug testing laboratory owes a duty of care to an employee who is subjected to drug testing in the employment context.

In Shaw v. Psychemedics Corporation, an employee who was terminated by his employer after a positive drug test filed a lawsuit against the drug testing laboratory alleging negligence and negligent supervision. The testing laboratory filed a motion to dismiss the lawsuit asserting the testing laboratory owed no duty to the employee whose specimen the laboratory tested; therefore, an action for negligence cannot be maintained. The testing laboratory also asserted that the relationship between a drug testing laboratory and employee being tested is too attenuated to give rise to a duty of care.

The South Carolina Supreme Court disagreed. The Supreme Court explained that a drug testing laboratory’s duty of care may arise from the laboratory’s contractual relationship with the employer who ordered the test. The Court went on to examine the public policy considerations in favor of the recognition of a duty of care in this context given the immediate impact to an employee whose positive test result is reported to an employer. In this case, the employee was separated from employment. The Supreme Court explained that without recognition of a duty of care, drug testing laboratories could avoid liability for negligent acts. Accordingly, the South Carolina Supreme Court concluded that a negligence action could be stated in South Carolina against a drug testing laboratory for failure to properly and accurately perform a drug test and report the results.

Given the Supreme Court’s recognition of a negligence action, South Carolina employers may experience an increase in request for retesting and/or challenges to the testing process, especially when disciplinary action is linked to the test result.

Photo of Lisa R. Claxton Lisa R. Claxton

Lisa R. Claxton is a labor and employment attorney in the firm’s Greenville office. Lisa regularly represents businesses in employment litigation before federal, state and local regulatory agencies in matters involving allegations of discrimination, harassment, failure to accommodate and wrongful termination.

Read more about Lisa R. ClaxtonEmailLisa's Linkedin Profile
  • Posted in:
    Employment & Labor
  • Blog:
    SC Employers’ Blog
  • Organization:
    Haynsworth Sinkler Boyd, P.A.
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo