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 Issue||Status||Comments|
|Instant or POCT Testing||Restricted||Must use the certified lab.|
|Drug Panels||Limited||Amphetamines, cannabinoids, cocaine, opiates, phencyclidine, benzodiazepines, propoxyphene, methadone, barbiturates, and expanded opiates|
|Laboratory||Restricted||Follow SAMHSA guidelines for collection and testing.|
|Medical Review Officer||Restricted/Required||Required under several statutes|
|Random Testing||Restricted||Only when safety is an issue|
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.