All communications received by an employer relevant to employee or prospective employee drug or alcohol test results and received through the employer’s drug testing program are confidential communications and may not be used or received in evidence, obtained in discovery or disclosed in any public or private proceeding, except in a proceeding related to an action taken by an employer under this article.
Structure West Virginia Code
Article 3E. The West Virginia Safer Workplace Act
§21-3E-3. Public Policy; Applicability
§21-3E-4. Employers May Test Current and Prospective Employees for Drugs or Alcohol
§21-3E-5. Collection of Samples
§21-3E-8. Testing Policy Requirements
§21-3E-9. Disciplinary Procedures
§21-3E-10. Sensitive Employees
§21-3E-11. Protection From Liability
§21-3E-14. No Requirement to Implement a Testing Policy
§21-3E-16. Employer Testing; Notice; Termination; Forfeiture