West Virginia Alcohol and Drugs: What you need to know

Some states have comprehensive laws that specifically regulate or prohibit drug testing in the private sector workplace; however, West Virginia does not have such a law. The West Virginia Court of Appeals has ruled that random drug testing of private employees violates the right to privacy and is contrary to the state's public policy. Drug testing is accepted in two situations, however, when:
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
• An employer has a reasonable, good-faith, and objective suspicion that an employee is using drugs.
• An employee's job duties involve public safety or the safety of co-workers (Twigg v. Hercules Corp., 406 S.E. 2d 52 (W. Va. 1990)).
Any employee who attempts to pass a drug test by using another individual's sample or adds anything to a sample to make it impure is guilty of a misdemeanor. Likewise, anyone who possesses, sells, or advertises for the sale or distribution of any product to pass drug and alcohol tests is guilty of a misdemeanor. The penalties include a fine of up to $1,000 for a first offense, a fine of up to $5,000 for a second offense, and a fine of up to $10,000 plus up to 1 year of imprisonment for third and subsequent offenses.
The West Virginia Human Rights Act prohibits employment practices that discriminate on the basis of certain classifications, including disability (WV Code Sec. 5-11-2et seq.). The Act covers all public employers and private employers with 12 or more employees. However, the state Supreme Court ruled that the Human Rights Act can apply to all employers, even those with fewer than 12 employees, because employment discrimination by any size employer violates the established “public policy” of West Virginia.
The Act's definition of “disability” specifically excludes ...

>> Read more about Alcohol and Drugs

More on this topic:

State Requirements

National | Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | District of Columbia | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming |

West Virginia Alcohol and Drugs Resources

Alcohol and Drugs Products

Free Special Reports
Get Your FREE HR Management Special Report. Download Any One Of These FREE Special Reports, Instantly!
Featured Special Report
Claim Your Free Copy of Critical HR Recordkeeping

Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
Download Now!

This special report will discuss how you can ensure your records are in good order, and establish a record-retention policy.

Topics covered:
1. Hiring Records
2. Employment Relationships
3. Termination Records
4. Litigation Issues
5. Electronic Information Issues
6. Tips for Better Recordkeeping
7. A List of Legal Requirements

Make sure you have the information you need to know to keep your records in order.