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Virginia Drug Testing Compliance

Capital Richmond Population 8,411,808
Largest city Virginia Beach
Area 42,774.2 sq mi
Criminal rate 22 crimes /10,000 people Time Zone UTC −5/−4

Virginia Employee Background Check Laws

Virginia

Legal status for workplace drug screening and alcohol testing

Our intent is to make Virginia drug screening compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in Virginia.

Virginia is a “Open” state, which means there are no state statutes, regulations, or known court decisions that would limit your choices for implementing a drug or alcohol testing program. Testing is your choice; however, there may be federal rules to consider that may restrict your program in other ways.

This over view is to introduce you to the nature and history of Virginia’s workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when testing in this state.

Drug Testing Overview Marijuana Court Decisions

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: No specific requirements of employer drug screening policy for Virginia.
Q2: Please choose a reason for drug and alcohol testing:
No
No
No (but must have facts)
Yes - Review OSHA new ruling
No
No
No
Q3: Are there any state requirements for test methods?
A: Safety-sensitive only.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: Mining industry must test for the following substances: amphetamines, cannabis/THC, cocaine, opiates, phencyclidine, benzodiazepines, propoxyphene, methaqualone, methadone, barbiturates, and synthetic narcotics.
Q5: Are there any state requirements or limitations for specific notice of result?
A: No restrictions.
Q6: Is it required to use a Certified Laboratory?
A: SAMHSA lab as part of mining industry drug testing.
Q7: What types of specimens can we test for?
A: No restrictions.
Q8: Are there restrictions for Alcohol Testing?
A: Alcohol testing is permitted in this state.

Did you know?

Q1. Can I do a random testing for my employees in Virginia?

Correct!

 

 

Answer is “Yes”

There are currently no limitations for drug and alcohol testing in Virginia.

Virginia Drug & Alcohol Testing Laws

This state has no known statutes restricting workplace drug or alcohol testing, and no known regulation limits workplace drug or alcohol testing. Since there are no known state statutes, regulations, or court decisions in existence, you may be free, within the limits of applicable federal rules, to draft any policy you wish and to implement whatever testing program makes business sense to you. It is advisable to conduct testing according to the accepted standards of practice in the drug testing industry. There are approximately forty years of testing experience in this country to assist you in that effort.

ABBREVIATIONS
  • American Association for Clinical Chemistry (AACC)
  • Blood Alcohol concentration (BAC)
  • Breath Alcohol Test (BAT)
  • Clinical Laboratory Improvement Amendments (CLIA)
  • College of American Pathologists (CAP)
  • Department of Transportation (DOT)
  • Employee Assistance Program (EAP)
  • Food and Drug Administration (FDA)
  • Forensic Urine Drug Testing (FUDT)
  • Medical Review officer (MRO)
  • National Highway Traffic Safety Administration (NHTSA) National Institute on Drug Abuse (NIDA)
  • Substance Abuse and Mental Health Administration (SAMHSA)

Update: December 2017

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Virginia Marijuana Employer Guidelines

“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.

Virginia personal and medical use of marijuana.

Medical Use: On March 16, 2017, Gov. Terry McAuliffe signed the state’s CBD or TCH-A oil law. The Act requires the certification of patients that are suffering from intractable epilepsy and are authorized to receive prescriptions for low-THC cannabis. The statute is very limited in its scope and the protections it provides for patients. The law does not impact or refer to the workplace in any way.

Personal Use: There is no known effort to pass legislation permitting personal use of marijuana.

For more information regarding marijuana at work, refer to Info Cubic’s Drug Screening compliance corner.

Update: December 2017

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

No known court cases.

N/A

N/A

N/A

Update: December 2017

TO PAGETOP