West Virginia Code
Article 1D. West Virginia Alcohol and Drug-Free Workplace Act
§21-1D-4. Drug-Free Workplace Policy Required for Public Improvement Construction

Except as provided in section eight of this article, no public authority may award a public improvement contract which is to be let to bid to a contractor unless the terms of the contract require the contractor and its subcontractors to implement and maintain a written drug-free workplace policy in compliance with this article and the contractor and its subcontractors provide a sworn statement in writing, under the penalties of perjury, that they maintain a valid drug-free workplace policy in compliance with this article.The public improvement contract shall provide for the following:
(1) That the contractor implements its drug-free workplace policy;
(2) Cancellation of the contract by the awarding public authority if the contractor:
(A) Fails to implement its drug-free workplace policy;
(B) Fails to provide information regarding implementation of the contractor's drug-free workplace policy at the request of the public authority; or
(C) Provides to the public authority false information regarding the contractor's drug-free workplace policy.

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