§21-3E-4. Employers May Test Current and Prospective Employees for Drugs or Alcohol
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 […]
§21-3E-5. Collection of Samples
In order to test reliably for the presence of drugs or alcohol, an employer may require samples from its employees and prospective employees, and may require presentation of reliable individual identification from the person being tested to the person collecting the samples. Collection of the sample shall be in conformance with the requirements of this […]
§21-3E-6. Scheduling of Tests
Regarding the timing and costs of drug and/or alcohol tests, and in order for an employer to qualify for the benefits of this article: (1) Any drug or alcohol testing by an employer of employees shall occur during, or immediately before or after, a regular work period. Testing by an employer is worked time for […]
§21-3E-7. Testing Procedure
All sample collection and testing of drugs and alcohol under this article shall be performed in accordance with the following conditions: (1) The collection of samples shall be performed under reasonable and sanitary conditions.
§21-3E-1. Short Title
This article is known as and may be cited as the West Virginia Safer Workplace Act.
§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 […]