Workplace Drug Testing Laws in West Virginia
Workplace drug testing laws in West Virginia do not regulate private employers. However, West Virginia's Safer Workplace Act requires that employers who drug test provide employees with their written drug-testing policy. Private company employers must also follow federal drug testing laws which aim for safety in the workplace, as well as protecting the rights of employees. Federal laws do not prohibit nor require drug testing.
Employers in safety-sensitive positions, however, still require drug testing, according to federal drug-testing legislation.
There are workplace drug testing laws in West Virginia to regulate public sector employers.
To register for a drug test, simply sign up using the button below. To register via phone, or if you have any questions, we can be reached at (888) 378-2499.
West Virginia Drug Testing Compliance
West Virginia Drug Testing Laws Without Restrictions
| Drug Test Issue | Remarks |
|---|---|
| Instant or POCT Testing | Drug testing legislation in West Virginia does not address instant or POCT testing. |
| Recreational marijuana | Recreational marijuana is fully illegal under West Virginia marijuana laws, which means employers can drug test employees for this substance. |
Conditional West Virginia Drug Testing Laws
| Drug Test Issue | Remarks |
|---|---|
| Medical Marijuana |
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Employers may not discriminate against an employee for their legal use of medical marijuana.
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Employers in West Virginia are not required to take any action to violate federal drug testing legislation.
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Employers do not need to accommodate medical marijuana on work property, allow intoxication in the workplace, or accommodate the use of medical marijuana on the job.
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An employer may take adverse employment action on an employee that falls below the accepted standard of care.
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| Workers Comp |
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An employee will be denied workers' comp benefits if the accident, injury, or death was caused by intoxication of the employee.
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An employer may require blood testing to verify the employee is intoxicated.
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| Laboratories |
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For public sector employers, the use of a certified lab is required.
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Employee drug testing laws in West Virginia do not specify laboratories for private companies.
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| Testing for Alcohol | Under employee drug testing laws in West Virginia, alcohol testing is permitted with a urine specimen. |
| Instant or POCT testing | POCT testing is permitted in West Virginia, but all testing must be confirmed in the laboratory. |
West Virginia Drug Testing Laws With Restrictions
| Drug Test Issue | Remarks |
|---|---|
| Substances Screened |
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Employment drug screening laws for employment in a public sector include a 9-panel drug screen.
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The substances screened are marijuana, cocaine, opiates including hydromorphone, oxycodone, hydrocodone, phencyclidine, amphetamines, barbiturates, benzodiazepines, methadone, and propoxyphene.
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Other Services We Provide in West Virginia
If you're looking for drug testing information related to a specific city in the state of West Virginia, try taking a look at our West Virginia clinic locations page. From there, you can select your city's drug testing or DNA testing page to learn more.
We also offer West Virginia Background Checks. For more information, visit our West Virginia background check page.
Frequently Asked Questions
What does West Virginia drug test for?
Although West Virginia drug testing legislation does not regulate private employers, it does regulate public employers. Public employers require a 9-panel drug test which includes marijuana, cocaine, opiates including hydromorphone, oxycodone, hydrocodone, phencyclidine, amphetamines, barbiturates, benzodiazepines, methadone, and propoxyphene.
This Information Is Not Intended for Legal Purposes
The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Please seek the advice of a legal expert regarding legal advice for drug testing laws in your state.