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West 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 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.