§21-3E-9. Disciplinary Procedures
Upon receipt of a confirmed positive drug or alcohol test result which indicates a violation of the employer’s written policy, or upon the refusal of an employee or prospective employee to provide a testing sample, an employer may use that test result or test refusal as a valid basis for disciplinary and/or rehabilitative actions, which […]
§21-3E-10. Sensitive Employees
If the confirmatory drug or alcohol test of an employee is “positive,” and the employee is in a sensitive position where an accident could cause loss of human life, serious bodily injury, or significant property or environmental damage, the employer may permanently remove the employee from the sensitive position and transfer or reassign the employee […]
§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 […]
§21-3E-12. Cause of Action
(a) No cause of action is or shall be established for any person against an employer who has established a program of drug or alcohol testing in accordance with this article, unless the employee’s action was based on a false positive test result, and the employer had actual knowledge that the result was in error, […]
§21-3E-2. Definitions
For the purposes of this article: “Alcohol” means ethanol, isopropanol, or methanol. “Drugs” means any substance considered unlawful for nonprescribed consumption or use under the United States Controlled Substances Act (21 U. S. C. §812). “Employer” means any person, firm, company, corporation, labor organization, employment agency or joint labor-management committee, which has one or more […]
§21-3E-1. Short Title
This article is known as and may be cited as the West Virginia Safer Workplace Act.