West Virginia Drug Testing Laws and Regulations

State:	West Virginia

Statute of Order:	Currently Not Available

Covered Employers:	Currently Not Available

Applicant Testing:	Currently Not Available

Employee Testing:	Currently Not Available

Conditions & Methods:	Currently Not Available

Important Bulletpoints:	It is unlawful in West Virginia to require an employee or job applicant to pay for medical examinations required by the employer as a condition of employment. Employers in violation of this provision shall be penalized up to $100 for every instance of the violation. State contractors working on public improvement projects are required to have a drug or alcohol testing program for their employees, paid for by the contractor/employer. A State Supreme Court decision prohibited random drug testing by a private employer in West Virginia. However, random testing is permitted for employees of State contractors, for a period of one year after previously testing positive or caught adulterating test results, as part of appropriate disciplinary measures in accordance with a written drug-free workplace policy. Prospective employees for correctional facilities in West Virginia are required to pass a pre-employment drug screening prior to being hired. Employees may not be entitled to receive Workers’ Compensation Fund benefits for work related injuries or death caused by intoxication of the employee. For this purpose, the employer may require post-accident blood testing for the presence of intoxicants based on reasonable and good faith suspicion. Similarly, employees terminated for misconduct, which includes being intoxicated while at work or being under the influence of any controlled substance while at work, are disqualified from receiving unemployment benefits.

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West Virginia Drug Testing Laws and Regulations

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