West Virginia Drug Testing Laws and Regulations
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No West Virginia statute actually covers drug testing in private employment. Unlike many other states, West Virginia hasn’t passed laws to regulate or restrict an employer’s right to require drug tests. The state however does require public contractors on certain construction projects to do drug screening and in 1990, the Supreme Court prohibited private employers from doing random testing.
In the absence of a comprehensive West Virginia drug testing law, employers here who wish to implement their own drug-free workplace program can base their drug testing policies on federal drug testing laws, the West Virginia Alcohol and Drug-free Workplace Act and the Americans with Disabilities Act among others.
Chapter 21 - Article 1D of the West Virginia Labor Code, otherwise known as the West Virginia Alcohol and Drug-free Workplace Act mandates that public improvement contractors should implement a drug-free workplace program requiring alcohol and drug testing. No public authority may award a public improvement contract to a contractor unless they maintain a drug-free workplace policy in compliance with section 8 of this article. The contract must include the following provisions:
1. That a drug-free workplace program is implemented;
2. That the awarding public authority may cancel the contract if the contractor:
During the bidding stage for public improvement contracts, bidders can only qualify to bid if they have a written plan for a drug-free workplace policy.
Applicant testing is covered under Article 1D Section 5 of the West Virginia Labor Code West Virginia Alcohol and Drug-free Workplace Act, which states that a contractors shall conduct pre-employment drug tests for all employees.
Employee testing is likewise covered under Section 5 of the West Virginia Labor Code West Virginia Alcohol and Drug-free Workplace Act where it is stated that employees may be subject to the types of drug tests that include, but are not limited to, the following:
Section 5 further states that the drug-free workplace policy does not apply to workers who are already covered by the guidelines set forth by the Department of Transportation. These employees no longer require additional drug tests.
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Material on these pages (state drug testing laws and drug testing regulations) is provided for informational purposes only and does not constitute legal, medical or technical advice. This drug testing related information is not intended as substitute for obtaining legal advice from attorney, or a relevant medical technical or financial professional. TestCountry is not a law firm or a legal agency, therefore cannot guarantee the accuracy of this content. Drug testing laws are collected from legal and/or state sources, and it may or may not be valid by the time you are viewing it. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Confirm Biosciences Inc. DBA TestCountry.