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West Virginia - STATE LAWS

Workplace drug testing issues – State Laws –West Virginia

These categories do not effect DOT regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

Workplace Drug Testing Laws in West Virginia

Instant or POCT Testing

Restricted

Must use certified lab.

Drug Panels

Limited

Amphetamines, cannabinoids, cocaine, opiates, phencyclidine, benzodiazepines, propoxyphene, methadone, barbiturates, and expanded opiates.

Laboratory

Restricted

Follow SAMHSA guidelines for collection and testing.

Medical Review Officer

Restricted/Required

Required under several statutes

Random Testing

Restricted

Only when safety is an issue

Post-Accident

Limited

Permits post-injury testing but only if the employer has a reasonable and good faith objective suspicion of the employee’s intoxication.

Reasonable Suspicion

No Restrictions

Oral Fluids

Restricted

Hair Testing

Restricted

Unemployment Denial

Yes

Identify in policy that drug or alcohol use at work is misconduct. Drug test cheating constitutes misconduct.

Workers Comp Discount

No

Intoxication Defense

Yes

No employee is entitled to receive any sum under the provisions of this chapter on account of any personal injury or death caused by the intoxication of the employee. See Note

Medical Marijuana

No

Recreational Marijuana

No

Report Driver DOT Positives

No

West Virginia Mining Employers Must Report Positive Drug and Alcohol Test Results, and Refusals to Test

General Statute

West Virginia drug testing rules stem from related court decisions and specific statutes.

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