§21-3E-1. Short Title
This article is known as and may be cited as the West Virginia Safer Workplace Act.
§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-13. Defamation
No cause of action for defamation of character, libel, slander or damage to reputation is or shall be established for any person against any employer who has established a program of drug or alcohol testing in accordance with this article, unless: (1) The results of that test were disclosed to a person other than the […]
§21-3E-14. No Requirement to Implement a Testing Policy
No cause of action arises in favor of any person against an employer based upon the failure of the employer to establish a program or policy on substance abuse prevention, or to implement drug or alcohol testing.
§21-3E-15. Confidentiality
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 […]
§21-3E-16. Employer Testing; Notice; Termination; Forfeiture
If an employer implements a drug-free workplace program in accordance with this article, which includes notice, education, and procedural requirements for testing for drugs and alcohol pursuant to this law, the employer may require the employee to submit to a test for the presence of drugs or alcohol. If an employee is terminated because alcohol […]
§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-3. Public Policy; Applicability
The Legislature declares that the public policy of this state is to advance the confidence of West Virginia workers that they are in a safe workplace and to enhance the viability of the workplace they labor in by recognizing the right of West Virginia’s employers to require mandatory drug testing, not only of applicants, but […]
§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-8. Testing Policy Requirements
(a) Testing or retesting for the presence of drugs or alcohol by an employer shall be carried out within the terms of a written policy which has been distributed to every employee subject to testing, and is available for review by prospective employees. (b) In order to comply with the provisions of this article, employers […]
§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 […]