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West Virginia Drug Testing Compliance

Capital Charleston Population 1,831,102
Largest city Charleston
Area 24,230 sq mi
Criminal rate 36 crimes /10,000 people Time Zone UTC −5/−4

West Virginia Employee Background Check Laws

West Virginia

Legal status for workplace drug screening and alcohol testing

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

West Virginia is a “mandatory” state, which means any private employer wishing to conduct drug and/or alcohol testing of non-regulated employees within this state must do so according to the state constitution, statutes, regulations, local ordinances, and court decisions that apply.

This overview is to introduce you to the nature and history of workplace drug testing rules in Virginia 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: Must be written, distributed to all employees subject to testing, and available to all prospective employees.
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: All individuals applying for employment will be tested once an offer of employment has been made.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: Public Works drug testing program must include the following drugs: marijuana, cocaine, opiates (including hydromorphone, oxycodone, hydrocodone), phencyclidine, amphetamines, barbiturates, benzodiazepines, methadone, and propoxyphene.
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-certified lab is required.
Q7: What types of specimens can we test for?
A: For public improvement, contractors, and subcontractors: urine for drug and alcohol testing.
Q8: Are there restrictions for Alcohol Testing?
A: For public improvement, contractors, and subcontractors: urine for drug and alcohol testing.

Did you know?

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

Correct!

 

 

Answer is “Yes”
With some limitations:

The West Virginia State Supreme Court has ruled that an employer may test randomly where “an employee’s job responsibility involves public safety or the safety of others.”

West Virginia Drug & Alcohol Testing Laws

Recent statute changes in West Virginia have significantly altered drug testing law in West Virginia. Where drug testing requirements were previously mandated by a court, new statutes passed by the state legislature have superseded older requirements and instituted a new drug testing regime that must be followed if you decide to test.

In 1990, for the first time, the West Virginia Supreme Appeals Court addressed the question of private workplace drug testing in Twigg v. Hercules Corp. This court case was the source of drug testing law in the state for many years. Recently, however, the state legislature stepped in and made the rules clearer but just as mandatory. On April 26, 2017, Governor Justice signed the Safer Workplace Act into law, giving employers more options with their drug testing policies and clarifying how such plans can be successful.

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.

West 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.

West Virginia personal and medical use of marijuana.

Medical Use: State Senate Bill 386 passed through the state legislature on April 6, 2017 and licenses are expected to be available July 1, 2019. This law, cited as the West Virginia Medical Cannabis Act, establishes a state-wide protocol for the distribution of medical marijuana, establishes a tax on marijuana sales, and training/certification for doctors tasked with prescribing the substance. The law specifically states no accommodation at work required. However, employer is not allowed to fire employee simply because employee is certified to use medical marijuana.

Personal Use: No personal use law exists in West Virginia at this time. No restrictions or requirements impacting the workplace. Law explicitly allows employers to discipline or terminate employees under the influence of marijuana at work.

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