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Except for some safety-sensitive industries like trucking, bus drivers, coast guard, aviation, railroad, transit, and pipeline, there are few federal laws that regulate workplace drug testing. Usually, state and local laws determine whether employers can test employees and applicants for illegal drug use. Virginia has not passed any legislation requiring or prohibiting workplace drug testing. Employers are free to require employees or job applicants to take a drug test.
Virginia requires workers’ compensation insurance providers to give a discount to employers who promote a drug-free workplace. Employees who work for companies that have drug-free workplace programs can expect the following no matter where they work in Virginia:
- Receipt of a substance abuse policy printed on company letterhead
- Training for supervisors
- Two hours of drug abuse education
- An employee assistance program (EAP) that connects employees with addiction counselors and other resources
- Multiple types of drug testing
In Virginia, a voluntary law exists with a 5% workers’ compensation premium discount available for companies that institute and maintain a drug-free workplace program satisfying certain criteria. Companies in the mining industry are required to implement drug testing and comply with the provisions of the mining drug-free workplace law. Mining industry employers must test for amphetamines, cannabinoids/THC, cocaine, opiates, phencyclidine (PCP), benzodiazepines, propoxyphene, methaqualone, methadone, barbiturates, and synthetic narcotics. A positive drug test will result in the immediate suspension of a miner’s certificate.
Employers can deny workers’ comp claims in Virginia when an employee tests positive for drugs or alcohol. Virginia workers’ compensation denies benefits to an employee whose injury is caused by intoxication or use of nonprescribed controlled substances. A positive drug test from an HHS (SAMHSA) certified laboratory or a positive alcohol test above .08 bac creates a rebuttable presumption the employee was intoxicated or using drugs at the time of injury.
It is important that employers implement a comprehensive drug-free workplace program in order to take advantage of this provision in the workers’ comp law.
Public contractors in Virginia must also implement drug-free workplace programs.
Drug testing in Virginia must follow SAMHSA guidelines using certified laboratories.
It is illegal in Virginia and a class 1 misdemeanor to attempt to cheat or cheat on a drug test.
Employees who work in safety-sensitive jobs can expect pre-employment drug tests. Depending on the company, employees not in safety-sensitive jobs might also have to undergo pre-employment drug tests. Most Virginia companies drug test employees involved in accidents or that they suspect of drug use.
Although Virginia law does not require or prohibit drug testing, employers need to be careful not to set themselves up for discrimination suits.
The Americans with Disabilities Act (ADA) provides protection to Virginians who take medication for a disability. Some prescribed medications may cause a positive result to occur for illegal drugs. However, those illegal drugs may be medically necessary for the job applicant or employee to take. If an employee is terminated or a job applicant is turned down because of a positive test result for a legally prescribed medication, then the company may be liable. In this case, the employee or applicant may have a legitimate disability discrimination case. To eliminate this possibility, employers must use a medical review officer (MRO) to review and verify all drug test results. This will reverse positive results due to verified legally prescribed medications.
If a company singles out a specific group of employees for drug testing, such as only women or African Americans, then the targeted employees may have a legitimate discrimination case.
Employers who have a legitimate reason to test employees or job applicants for drugs must be careful to avoid privacy violations. This means they cannot ask employees or applicants to disrobe or provide urine samples in front of other individuals.
Employers also need to avoid defamation suits. Employees and applicants may have a legitimate suit if the company makes a false positive result known publicly or acts maliciously.
Drug testing is available for the following needs: court orders, probation, legal cases, divorce, child custody, and required testing for admission to colleges and universities. All major laboratories that are used for conducting drug testing are available for immediate testing. All drug testing is confidential and secure.
Laboratory and drug testing sites in Virginia are located in the following cities: Abingdon, Aldie, Alexandria, Annandale, Arlington, Ashburn, Bedford, Blacksburg, Boykins, Carrollton, Centreville, Chantilly, Charlottesville, Chase City, Chesapeake, Chester, Christiansburg, Clifton Forge, Colonial Heights, Craigsville, Culpeper, Cumberland, Dale City, Danville, Dumfries, Fairfax, Falls Church, Farmville, Fisherville, Franklin, Fredericksburg, Front Royal, Galax, Glen Allen, Gloucester, Grundy, Halifax, Hampton, Harrisonburg, Hayes, Herndon, Hot Springs, Kilmarnock, Lebanon, Leesburg, Lorton, Lynchburg, Manassas, Marion, Martinsville, Mechanicsville, Midlothian, Mount Jackson, New Market, Newport News, Norfolk, Norton, Onancock, Petersburg, Portsmouth, Pulaski, Radford, Richlands, Richmond, Roanoke, Rocky Mount, Salem, South Boston, South Hill, Springfield, Staunton, Sterling, Stuarts Draft, Suffolk, Tappahannock, Troy, Vienna, Virginia Beach, Warrenton, Warsaw, Waynesboro, West Point, Williamsburg, Winchester, Woodbridge, Woodstock, And Wytheville.
If you need a drug test today, our customer service representatives are standing by. Drug testing is available for court-ordered programs, teen drug testing, individual drug tests, personal drug tests, and family law cases, and for any drug testing needed. Our drug testing centers are open daily and available for drug and alcohol testing with urine or hair. Immediate drug testing service, EtG alcohol testing, and hair testing are available in Virginia, call now to schedule testing.
Drug testing and alcohol testing in Virginia
Drug testing in Virginia for employers call now: 866-843-4545
Drug testing in Virginia for individuals for immediate testing, call now: 866-843-4545
