Workplace Drug Testing Issues – Alaska State Laws
Virginia requires employers on State public works projects to maintain a drug-free workplace.
These categories do not affect 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 Issue | Status | Comments |
---|---|---|
Instant or POCT Testing | No Restrictions | |
Drug Panels | No Restrictions | |
Laboratory | Restrictions | The mining industry is required to utilize SAMHSA-certified laboratories and SAMHSA guidelines for drug testing. |
Medical Review Officer (MRO) | See comment for special requirements. | MRO is highly recommended to avoid liability in your drug testing program and is required for the 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; the employer must follow SAMHSA guidelines for drug testing. |
Medical Marijuana | Yes | Medical Marijuana |
Recreational Marijuana | No | |
Report Driver DOT Positives | No | |
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 – § 2.2-4312rnrn |
Intoxication Defense – States vary in their willingness to allow employers to use an injured worker’s intoxication against a compensation claim. State laws’ intoxication defenses generally fall into one of three rough categories: reasons 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 attorney when you have a positive post-accident test after an injury.
§ 65.2-813.2.
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law vary 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.