State law prohibits employers from requiring or requesting that any employee or prospective employee submit to a “psychophysiological detection of deception examination,” lie detector, or other similar examination utilizing mechanical or electronic measures of physiological reactions to evaluate truthfulness (WV Stat. Sec. 21-5-5b). “Psychophysiological detection of deception instrument” means an instrument used for the detection of deception that records permanently and simultaneously a person's cardiovascular and respiratory patterns and galvanic skin response.
Out-of-state tests. Employers may not knowingly allow the results of any examination administered outside this state to be utilized for the purpose of determining whether to employ a prospective employee or to continue the employment of an employee in the state.
Exceptions. The rule prohibiting psychophysiological detection of deception examinations and lie detector tests does not apply to employees or prospective employees who would have direct access to the manufacture, storage, distribution, or sale of specified controlled substances, or to law enforcement agencies or military forces of the state. Examinations conducted with public law enforcement officers and drug company employees may be used only for the purpose of deciding whether to employ (or continue to employ) the test subject. All other uses are prohibited.
The West Virginia Division of Labor has adopted rulemaking pertaining to psychophysiological detection of deception examinations, covering procedures, limits as to use, and examiner license requirements (WV Admin. Code Sec. 42-6-1et seq.).
Requirements for test administrators. The person administering the polygraph examination ...