Workplace State Law · North Dakota

North Dakota Workplace Saliva (Oral Fluid) Drug Testing Law

How North Dakota treats oral fluid (saliva) drug testing in the workplace — the statute, its current status, and what that means for employers building or updating a testing program.

Status: Open / Permissive

Statute and status in North Dakota

Statute / authority: No mandatory state workplace testing law

No general mandatory statute. Oral fluid fully permissible. Energy sector (oil and gas) is a strong vertical.

Reviewed Apr 2026. Always verify state law before deployment. This page summarizes OraTek's research and is not legal advice.

What this means for employers in North Dakota

North Dakota has no statute restricting the specimen an employer may test, so saliva testing is permitted under general employment law. Keep a written policy, apply it consistently, and confirm non-negative screens at a laboratory.

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