West Virginia
Drug Testing Law
West Virginia has a general mandatory drug testing statute that does not require reasonable suspicion or safety-sensitive workplaces in order to conduct drug testing. However, there is case law that limits drug testing to safety-sensitive and reasonable suspicion circumstances. The drug testing statute specifically establishes public policy allowing drug testing and may override existing case law to the contrary. It is strongly recommended to consult a legal expert before implementing drug testing in the state of West Virginia. Additionally, the state mandates drug and alcohol testing of certain workers involved in Public Works improvement projects. The mandatory drug testing law allows employers to deny workers’ compensation and unemployment compensation benefits for employees who fail a drug test. However, there are workers’ and unemployment compensation laws in West Virginia that contain their own drug testing requirements. Note: This is only a summary and does not include specifics.
Law types(s)
Mandatory law, case law, industry specific laws, unemployment compensation law, and workers’ compensation law.
Legal status of cannabis
Medical cannabis is permitted.
Legal status of instant/POCT/rapid testing
Instant testing is permitted.
Permitted drug testing specimens
Sample of the human body capable of revealing the presence of alcohol or other drugs or other metabolites.
Permitted testing circumstances
Reasonable suspicion and safety-sensitive testing are permitted. Caselaw dictates that testing should be based upon reasonable good faith objective suspicion of an employee’s drug use or where an employee’s job responsibility involves public safety or the safety of others.
Employers must comply with the entirety of the mandatory law. It is highly recommended that employers comply with all applicable case law. Employers in impacted industries must comply with the industry specific law in its entirety.
Want to have access to West Virginia’s laws in their entirety, including specific information pertaining to workplace drug testing highlighted for your convenience? Sign up for Current Compliance, the only state drug testing law database.
This information is provided for educational use only and does not give full details on West Virginia’s state drug testing laws . Employers wishing to drug test in West 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.
