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
We are an education company, not a law firm. The information and content we provide is for general informational purposes only and does not constitute legal advice. We make no representations, warranties, or guarantees regarding the accuracy, completeness, or applicability of the content. It is important to always consult with a qualified attorney for specific legal counsel pertaining to your individual circumstances.
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