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Virginia - STATE LAWS

Coming Soon, State Laws for Workplace Drug Testing

Regulations for workplace drug testing are very important to maintain an effective and legal drug free workplace program. It is particularly important to pay attention to individual state laws regarding employer drug testing programs. Employers need to be concerned about limiting exposure to liability in a drug testing program.

A good drug testing program will go a long way toward addressing safety, OSHA compliance, ADA Compliance, performance and workers’ comp issues; having the right company policies, education programs and insurance coverage will go the extra step to protect you against potential lawsuits and financial liability. Many states have different laws regarding drug testing, check back to view the guidelines for drug testing in your state.

Workplace Drug Testing Laws in Virginia

Instant or POCT Testing

No Restrictions

Drug Panels

No Restrictions



Mining industry is required to utilize SAMHSA certified laboratories and SAMHSA guidelines for drug testing.

Medical Review Officer (MRO)

See comment for special requirement.

Use of MRO highly recommended to avoid liability in your drug testing program. Required for mining industry.

Random Testing

No Restrictions


No Restrictions

Reasonable Suspicion

No Restrictions

Oral Fluids

No Restrictions

Hair Testing

No Restrictions

Unemployment Denial

Yes, address in company policy

Unemployment law and court decisions may result in denial of benefits when fired for a positive drug test.

Workers Comp Discount


5% discount based on insurance company requirements. Call your insurance agent or workers' compensation insurer today and see how this could benefit your business. § 65.2-813.2. Virginia premium discounts; drug-free workplace programs

Intoxication Defense

Yes, available

The Virginia code section 65.2-306 provides that compensation is not allowed when an injury is caused by intoxication or use of a non-prescribed controlled substance; employer must follow SAMHSA guidelines for drug testing.

Medical Marijuana


Recreational Marijuana


Report Driver DOT Positives


General Statute

Companies in the mining industry are required to comply with the provisions of the mining drug-free workplace law. A voluntary drug free workplace law exists in Virginia. Contractors working on Public Works projects must have a Drug Free Workplace - § 2.2-4312