Virginia

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Workplace drug testing issues – State Laws – Virginia

Virginia requires employers on State public works projects to maintain a drug free workplace.

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 Virginia

Drug Testing IssueStatusComments
Instant or POCT TestingNo Restrictions
Drug PanelsNo Restrictions
LaboratoryRestrictionsMining 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 TestingNo Restrictions
Post-AccidentNo Restrictions
Reasonable SuspicionNo Restrictions
Oral FluidsNo Restrictions
Hair TestingNo Restrictions
Unemployment DenialYes, address in company policyUnemployment law and court decisions may result in denial of benefits when fired for a positive drug test.
Workers Comp DiscountYes5% 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 DefenseYes, availableThe 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 MarijuanaNo
Recreational MarijuanaNo
Report Driver DOT PositivesNo
General StatuteCompanies 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 - § 2.2-4312rnrn

Intoxication Defense - States vary in their willingness to allow employers to use an injured worker's intoxication as a defense against a claim for compensation.  State laws' intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury.  Always check with your insurance company and your attorney when you have a positive post-accident test after an injury.

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 design of your actual substance abuse testing program and with any questions that follow.

State Law Virginia

§ 65.2-813.2.