It is lawful for an employer to test employees or prospective employees for the presence of drugs or alcohol, in accordance with the provisions of this article, as a condition of continued employment or hiring. However, in order to qualify for a bar from being subjected to legal claims for acting in good faith on the results of a drug or alcohol test, employers must adhere to the accuracy and fairness safeguards outlined in 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