Virginia Alcohol and Drugs laws & HR compliance analysis

Virginia Alcohol and Drugs: What you need to know

Some states have comprehensive laws that regulate or prohibit alcohol and drug testing in private sector workplaces, but Virginia does not have any such statutes. Therefore, Virginia employers are free to implement drug and alcohol testing programs at their own discretion. There is more information on developing these programs.
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State contractors. Every state contract over $10,000 must include a provision outlining drug-free workplace requirements. Contractors must agree to provide a drug-free workplace for the duration of the contract. Contractors also must (VA Code Sec. 2.2-4312):
• Post, in conspicuous places accessible by both employees and applicants, a statement noting that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken for violations of the prohibition.
• State in all solicitations or advertisements for employment that the contractor maintains a drug-free workplace.
• Include all of these provisions in every subcontract or purchase order over $10,000 so that the provisions will be binding upon each subcontractor or vendor.
The Virginians with Disabilities Act prohibits employment discrimination based on an employee's disability. The law specifically excludes active alcoholism and current drug addiction from its protection (VA Code Sec. 51.5-41).
Current use of illegal drugs is not a protected disability under the federal Americans with Disabilities Act (ADA). Alcoholism is considered a disability, but federal law provides that an employer may hold an employee with alcoholism to the same qualifications and job performance standards as ...

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