Virginia Drug Testing Laws

Virginia provides a balanced landscape for employee drug testing, where employer rights coexist with employee protections. The state has specific guidelines, largely stemming from the Virginia Occupational Safety and Health (VOSH) program, that influence workplace drug testing policies.

Marijuana in Virginia: Recreational marijuana use became legal in Virginia as of July 1, 2021. Nevertheless, employers can still maintain and enforce drug-free workplace policies, including the prohibition of marijuana use. Medical marijuana is also legal in Virginia, though employers are not mandated to accommodate its use.

You can access the Virginia Occupational Safety and Health (VOSH) program details here.

Drug Testing Issue	Status	Comments
Instant or POCT Testing	Allowed	Subject to specific conditions and employer's policy.
Drug Panels	Not Specifically Detailed	Defined by employer's policy.
Laboratory	Recommended	Use of SAMHSA-certified labs for accuracy.
Medical Review Officer (MRO)	Recommended	For accurate interpretation and verification.
Random Testing	Allowed	Especially for safety-sensitive positions.
Post-Accident	Allowed	Subject to specific conditions.
Reasonable Suspicion	Allowed	Must be based on objective evidence.
Oral Fluids	Not Specifically Detailed	Employer's discretion.
Hair Testing	Not Specifically Detailed	Employer's discretion.
Unemployment Denial	Possible	If violation of employer's drug-free policy.
Workers Comp Premium Reduction	Not Available	Virginia does not offer this incentive.
Intoxication Defense	Allowed	Refuting workers' comp claims if injury due to drug use.
Medical Marijuana	Allowed	But employers not mandated to accommodate.
Recreational Marijuana	Allowed	Employers can still maintain drug-free policies.
Report Driver DOT Positives	As per federal standards	Adherence to Federal DOT regulations.
General Statute	Virginia Occupational Safety and Health (VOSH) program	Governs various workplace safety standards.

For a thorough understanding, employers and interested parties are advised to seek counsel from legal professionals. Legal codes and guidelines can be intricate and may have nuances or recent amendments not reflected here.

Answered by: Andrew David Easler, Esq.
Published: 12/18/2022
Updated: 11/02/2023

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