Virginia’s drug and alcohol testing law offers workers’ compensation insurance discounts to compliant employers; non-compliant employers can test at-will. Testing requirements are typically set by insurance providers.
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.
| Drug Testing Issue | Status | Comments |
|---|---|---|
| Instant or POCT Testing | No Restrictions | |
| Drug Panels | No Restrictions | |
| Laboratory | Restrictions | Mining industry is required to utilize SAMHSA certified laboratories and SAMHSA guidelines for drug testing. |
| Medical Review Officer (MRO) | See Comments | Special Requirement. Use of MRO highly recommended to avoid liability in your drug testing program. Required for mining industry. |
| Random Testing | No Restrictions | |
| Post-Accident | 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 | Yes | 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 | Yes | https://www.nationaldrugscreening.com/marijuana-considerations/virginia/ |
| Recreational Marijuana | Yes | https://www.nationaldrugscreening.com/marijuana-considerations/virginia/ |
| 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 |
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
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local laws vary 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.
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