Workplace Drug Testing Laws for West Virginia

West Virginia has incorporated the Safer Workplace Act, which provides a broad spectrum of when employers can drug test. Employers who abide by the statute are given immunities. The statute makes it clear that an individual right to privacy is outweighed by public policy, as long as the employer abides by the statute. Case law has set restrictions on when there is no right to privacy. Employers should also carefully consider privacy and employee drug testing in West Virginia and how they handle employees who test positive. The Act also provides employers another gate for unemployment and workers’ compensation denial. Medical Marijuana is legal in West Virginia, the act provides protection to employees who hold a medical marijuana card unless they report to work under the influence of Medical Marijuana. Employers should advise with legal counsel before implementing a drug testing policy to ensure all provisions in the statute are included and followed.