There are several laws in West Virginia regulating drug testing:
Mining Industry – West Virginia - TITLE 56 LEGISLATIVE RULE, OFFICE OF MINERS’ HEALTH, SAFETY AND TRAINING - Every employer shall implement a substance abuse policy and testing program which shall be administered to its certified and safety-sensitive employees.
Working on Public Contracts – Drug free workplace policy is required. CHAPTER 21. LABOR.
ARTICLE 1D. WEST VIRGINIA ALCOHOL AND DRUG-FREE WORKPLACE ACT.
West Virginia law requires drug testing of amusement ride operators, Bungee site operators, Public Works Contractors and state mine operators.
Note: Intoxication Defense – Denial of Workers Compensation Claim - The state statute provides an opportunity for employers to take advantage of a properly drafted and administered drug testing program by asserting a defense to a workers’ compensation claim when the injured employee tests positive. But, there must be suspicion of drug or alcohol use at the time of the accident. West Virginia Code 23-4-2(a)
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the development or edit of your actual substance abuse testing program and with any questions that follow.
State Law West Virginia