Failed Drug Tests For Jobs Could End SC Unemployment Benefits

Jobless workers’ unemployment checks would be cut off when they fail drug testing for a job if a South Carolina House of Representatives bill passed by subcommittee Thursday becomes law.

The legislation, introduced by State Representative Eddie Tallon, R-Spartanburg, would let employers anonymously report positive drug test to the Department of Employment and Workforce (DEW) so that benefits could be cut off, echoing current law which terminates benefits if someone fails to “accept suitable work.”

A bill working its way through a Senate subcommittee would require workers to submit to a drug test when first applying for unemployment benefits and get reimbursed by the state. State Senator Kevin Bryant, R-Anderson, is supporting that bill and said at a meeting that he thinks the tests would pay for themselves in savings from people who test positive.

But Tallon said getting results from potential employers would be easier and cheaper.

“This drug test is not costing the state a thing, is not putting an extra burden on the state to finance it, the employer is paying for it, and therefore we need to protect that employer. We need to take that information, deny benefits and say if you’re going to be using drugs in South Carolina and you’re not offered a job you’re not going to continue to draw employment benefits,” Tallon said.

He also added that DEW has consulted with the U.S. Department of Labor and determined that his bill would be legal, while DEW Director Abraham Turner testified to the Senate subcommittee that making drug testing a condition on the front end of getting benefits would violate federal laws.

David Sally of DEW’s unemployment insurance division said handling failed drug tests would be no different than when the department receives other evidence that a beneficiary isn’t actively seeking work or is refusing suitable work, and would include a chance for appeal. If someone wins appeal they are given their benefits retroactively.

But Sue Berkowitz, the director of SC Appleseed Legal Justice Center, testified that for those who are unemployed and scraping by it would be better to continue paying benefits until the appeals process ends, which could take a month. She said if they lose the appeal then DEW could use its normal methods of payment plans and wage garnishment to recoup the money.

However, an amendment to make the change was voted down over concerns that getting the money back could be difficult and continuing benefits through the appeals process could encourage more people to file appeals.

Tallon said that in 15 years of running a drug testing program for a private company he only saw one successful appeal.

He also said he wants to tweak the bill so that employers would not have to attend the appeals process since they are likely handing over a scientific document with drug test results.

The bill will now go to the full House judiciary committee.