(a) Any contractor who violates any provision of this article is, for the first offense, guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000; for the second offense, the person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000; for the third or any subsequent offense within the preceding five years , the person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $5,000 nor more than $25,000 and the contractor shall be excluded from bidding any additional new public improvement projects for a period of one year.
(b) Any person who directly or indirectly aids, requests or authorizes any other person to violate any of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $250.
Structure 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
§21-1D-5. Employee Drug-Free Workplace Policy Required to Bid for a Public Improvement Contract
§21-1D-6. Drug-Free Workplace Written Policy to Be Kept Posted
§21-1D-7. Drug-Free Workplace Records and Contents Open for Inspection
§21-1D-7a. Confidentiality; Test Results Not to Be Used in Criminal and Administrative Proceedings
§21-1D-7b. Contractor to Provide Certified Drug-Free Workplace Report