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West Virginia State Drug Testing Laws

Workplace drug testing issues – State Laws –West Virginia

These categories do not affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

Post-accident drug testing may be prohibited in West Virginia.

Workplace Drug Testing Laws in West Virginia

Drug Testing IssueStatusComments
Instant or POCT TestingRestrictedMust use the certified lab.
Drug PanelsLimitedAmphetamines, cannabinoids, cocaine, opiates, phencyclidine, benzodiazepines, propoxyphene, methadone, barbiturates, and expanded opiates
LaboratoryRestrictedFollow SAMHSA guidelines for collection and testing.
Medical Review OfficerRestricted/RequiredRequired under several statutes
Random TestingRestrictedOnly when safety is an issue
Post-AccidentLimitedPermits post-injury testing but only if the employer has a reasonable and good faith objective suspicion of the employee’s intoxication.
Reasonable SuspicionNo Restrictions 
Oral FluidsRestricted 
Hair TestingRestricted 
Unemployment DenialYesIdentify in policy that drug or alcohol use at work is misconduct. Drug test cheating constitutes misconduct.
Workers Comp DiscountNo 
Intoxication DefenseYesNo employee is entitled to receive any sum under the provisions of this chapter on account of any personal injury or death caused by the employee’s intoxication. See Note
Medical MarijuanaYesMedical marijuana is legal in West Virginia, in the form of dry leaf or plant form, pills, oils, gels, creams or ointments, extracts consumed through vaporization or nebulization, tinctures liquids, and dermal patches.
Recreational MarijuanaNo 
Report Driver DOT PositivesNoWest Virginia Mining Employers Must Report Positive Drug and Alcohol Test Results, and Refusals to Test
General Statute West Virginia drug testing rules stem from related court decisions and specific statutes.

There are several laws in West Virginia regulating drug testing:

Mining Industry – West Virginia – TITLE 56 LEGISLATIVE RULE, OFFICE OF MINERS’ HEALTH, SAFETY AND TRAINING – Every employer shall implement a substance abuse policy and testing program, which shall be administered to its certified and safety-sensitive employees.

Working on Public Contracts – Drug-free workplace policy is required. CHAPTER 21. LABOR. ARTICLE 1D. WEST VIRGINIA ALCOHOL AND DRUG-FREE WORKPLACE ACT.

West Virginia law requires drug testing of amusement ride operators, Bungee site operators, Public Works Contractors, and state mine operators.

Note: Intoxication Defense – Denial of Workers Compensation Claim – The state statute provides an opportunity for employers to take advantage of a properly drafted and administered drug testing program by asserting a defense to a workers’ compensation claim when the injured employee tests positive. But, there must be suspicion of drug or alcohol use at the time of the accident. West Virginia Code 23-4-2(a)

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.

View Individual State Law Summaries

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