§21-1D-1. Short Title
This article shall be called the West Virginia Alcohol and Drug-Free Workplace Act.
§21-1D-2. Definitions
(a) The term "alcohol test" means a procedure conducted to determine if an individual is under the influence of alcohol. (b) The term "construction", as used in this article, means any construction, reconstruction, improvement, enlargement, painting, decorating or repair of any public improvement let to contract the value of which contract is over $100,000. The […]
§21-1D-3. Statement of Policy
It is hereby declared to be the policy of the State of West Virginia to require public improvement contractors to have and implement a drug-free workplace policy that requires drug and alcohol testing.
§21-1D-4. Drug-Free Workplace Policy Required for Public Improvement Construction
Except as provided in section eight of this article, no public authority may award a public improvement contract which is to be let to bid to a contractor unless the terms of the contract require the contractor and its subcontractors to implement and maintain a written drug-free workplace policy in compliance with this article and […]
§21-1D-5. Employee Drug-Free Workplace Policy Required to Bid for a Public Improvement Contract
After July 1, 2008, any solicitation for a public improvement contract shall require each contractor that submits a bid for the work to submit an affidavit that the contractor has a written plan for a drug-free workplace policy prior to being awarded a contract. If the affidavit is not submitted with the bid submission, the […]
§21-1D-5a. Drug-Free Workplace Policy Not Applicable to Workers Required to Follow Federal Department of Transportation Drug Testing Guidelines
In instances where a worker is required by law to follow United States Department of Transportation drug testing guidelines, no additional drug tests are required under this article.
§21-1D-6. Drug-Free Workplace Written Policy to Be Kept Posted
A clearly legible copy of the contractor's written drug-free workplace policy shall be kept posted in a prominent and easily accessible place at the public improvement construction site thereof by each contractor subject to the provisions of this article.
§21-1D-7. Drug-Free Workplace Records and Contents Open for Inspection
Every contractor shall keep an accurate record showing the names, occupation and safety-sensitive status of all employees, in connection with the construction on the public improvement, and showing any drug tests or alcohol tests performed and employee education and supervisor training received, which record shall be open at all reasonable hours for inspection by the […]
§21-1D-7a. Confidentiality; Test Results Not to Be Used in Criminal and Administrative Proceedings
All drug testing information specifically related to individual employees is confidential and should be treated as such by anyone authorized to review or compile program records. Drug test results may not be used in a criminal proceeding without the employee's consent.
§21-1D-7b. Contractor to Provide Certified Drug-Free Workplace Report
No less than once per year, or upon completion of the project, every contractor shall provide a certified report to the public authority which let the contract. The report shall include: (1) Information to show that the education and training service to the requirements of section five of this article was provided;
§21-1D-8. Penalties for Violation of This Article
(a) Any contractor who violates any provision of this article is, for the first offense, guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000; for the second offense, the person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $1,000 nor more than […]
§21-1D-9. Existing Contracts
This article applies only to contracts for construction on public improvements awarded after the effective date of this article.