The South Carolina Supreme Court recently held that drug-testing companies conducting tests on South Carolina employees owe a duty of care to those employees in Shaw v. Psychemedics Corporation. Under the case, an employee may sue a drug testing company for negligence based on the company’s contractual relationship with the employee. A number of factors were considered, including South Carolina public policy, the economic and personal impact of a mishandled drug test on an employee, and the current lack of redress by an employee for the negligent handling of a drug screen.
