West Virginia Code
Article 3E. The West Virginia Safer Workplace Act
§21-3E-11. Protection From Liability

No cause of action is or shall be established for any person against any employer who has established a policy and initiated a testing program in accordance with this article, for any of the following:
(1) Actions based on the results of a confirmed positive drug or alcohol test, or the refusal of an employee or job applicant to submit to a drug test;
(2) Failure to test for drugs or alcohol, or failure to test for a specific drug or other controlled substance;
(3) Failure to test for, or if tested for, failure to detect, any specific drug or other substance, any medical condition, any mental, emotional, or psychological disorder or condition; or
(4) Termination or suspension of any substance abuse prevention or testing program or policy.

Structure West Virginia Code