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|
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.
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.