Virginia Drug Testing Law

A voluntary law exists with a 5% workers’ compensation premium discount available for companies that institute and maintain a drug-free workplace program satisfying criteria that each insurer establishes. Companies in the mining industry are required to comply with the provisions of the mining drug-free workplace law. As well, there are workers’ and unemployment compensation laws in Virginia that contain their own drug testing requirements. Employers are not required to comply unless they wish to deny workers’ or unemployment compensation claims. Note: This is only a summary and does not include specifics.

Law types(s)

Voluntary laws, industry specific law, unemployment compensation law, and workers’ compensation law.

Legal status of cannabis

Medical and recreational cannabis are permitted.

Legal status of instant/POCT/rapid testing

Not mentioned.

Permitted drug testing specimens

Not mentioned.

Permitted testing circumstances

Not mentioned.

Employers must comply with the entirety of the voluntary law to receive a discount on their workers’ compensation premium. Employers in the mining industry must comply with the industry specific law in its entirety.

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This information is provided for educational use only and does not give full details on Virginia’s state drug testing laws . Employers wishing to drug test in Virginia should consult applicable laws in their entirety prior to creating a drug-free workplace program. Reader retains full responsibility for the use of the information contained herein.