| Instant or POCT Testing |
Allowed |
Subject to employer's policy and privacy considerations. |
| Drug Panels |
Not Specifically Detailed |
Determined by the employer's discretion. |
| Laboratory |
Recommended |
Use of SAMHSA-certified labs is advisable. |
| Medical Review Officer (MRO) |
Recommended |
Helps in accurate results interpretation. |
| Random Testing |
Allowed |
Particularly for safety-sensitive positions. |
| Post-Accident |
Allowed |
Based on the employer's policy and the specifics of the incident. |
| Reasonable Suspicion |
Allowed |
Based on credible evidence or observation. |
| Oral Fluids |
Not Specifically Detailed |
Depends on employer policy. |
| Hair Testing |
Not Specifically Detailed |
Based on employer preference. |
| Unemployment Denial |
Possible |
If proven violation of the employer's drug-free policy. |
| Workers Comp Premium Reduction |
Not Available |
WV doesn't provide this incentive. |
| Intoxication Defense |
Allowed |
Useful if injury was due to drug/alcohol use by the employee. |
| Medical Marijuana |
Allowed with prescription |
No mandated employer accommodation. |
| Recreational Marijuana |
Not Allowed |
Remains illegal in West Virginia. |
| Report Driver DOT Positives |
As per federal guidelines |
Federal DOT regulations must be adhered to. |
| General Statute |
W. Va. Code §21-3A-5 and others |
Details the rights and obligations related to drug testing. |
