West Virginia Drug Laws

West Virginia Drug Laws & How To Pass A Drug Test in 2018.  Whether you want the most current information on West Virginia drug laws or you need to learn how to pass any drug test in West Virginia, you have come to the right place.

Do You Need To Pass A Drug Test In West Virginia?

West Virginia Drug Laws And Regulations Are Tough.  This information has been specifically developed for those individuals in West Virginia who are concerned with learning how to pass a drug test specifically in West Virginia.

First, we are not attorneys and can not provide legal advice on West Virginia Drug Laws And Regulations. This can only be done with an Attorney.  It is very important you seek professional advice skilled with the ins and outs of West Virginia drug laws and those drug laws specific to your location in West Virginia.  You need to make the choice of when and were to see legal advice.

Second, for those of you who are concerned with those West Virginia Drug Laws being applied to you, we offer not only information to pass a drug test in West Virginia, but specific information on various drug laws and regulations in West Virginia.  In you live in West Virginia and want to pass a drug test in West Virginia, you need this information.

There Are Four Major Drug Tests Given In West Virginia.

Each drug test has its own specific strengths you must avoid and weak­ness in which one can take advan­tage.  What you learn here could make the difference between failing and passing a drug test in West Virginia.  We will also provide information on how to detoxify your body completely and permanently.

How To Pass A Drug Test For Urine.How To Pass A Drug Test For Urine.  The Urine Drug Test is the most common due to its simplicity to administer, accuracy and immediate results according to West Virginia drug laws.  The urine drug test is also the easiest to beat.

How To Pass A Drug Test For Saliva.How To Pass A Drug Test For Saliva.  The Saliva Drug Test can be given at anytime, anywhere and by anyone according to West Virginia drug laws. The saliva drug test results are also very accurate and immediate.

How To Pass A Drug Test For Hair.How To Pass A Drug Test For Hair.  The Hair Drug Test can detect drug usage in any hair that was growing anywhere on your body at the time you used the drug according to West Virginia drug laws. You are at risk for at least 90 days from your use.

How To Pass A Drug Test For Blood. How To Pass A Drug Test For Blood.  The Blood Drug Test is very accurate and must be given by a heath care professional according to West Virginia drug laws. It is most often given by insurance companies or law enforcement.

How To Detoxify Your Body Completely.How To Detoxify Your Body Completely.  If you have 5 days you can detoxify your body completely and permanently.  You can be toxin free until you choose to reintroduce new ones.

g Laws For Employees.

The West Virginia Supreme Court has put some limits on employee drug testing.  Although many states have passed laws regulating or restricting an employer’s right to require drug testing, West Virginia is not one of them. Although West Virginia requires public contractors on certain construction projects to drug test, no West Virginia statute addresses drug testing in private employment.

The West Virginia Supreme Court has issued a couple of decisions that clarify when a private employer may require drug testing without violating employee privacy rights. In the case of Twigg v. Hercules Corp., the Court found that random drug testing of employees was an impermissible invasion of privacy. However, the Court also found two exceptions to this general rule. The Court said that testing would be legal if it was based on a reasonable, good faith, and objective belief that an employee was using drugs, or if testing was limited to employees whose job duties involve public safety or the safety of others.

The Court has also ruled, in Baughman v. Wal-Mart Stores, that requiring applicants to submit to a drug test was not a violation of privacy. The Court reasoned that an applicant’s expectation of privacy was not as significant as an employee’s privacy expectations, and that the employer’s interests outweighed the applicant’s right to privacy in this situation.

Legal Claims Arising From Drug Testing.

Have you been illegally asked or required to take a drug test in West Virginia?  Even though West Virginia Drug Laws allow an employer to drug test, many employees and might may have legal claims based on how the test was conducted, who was tested or how the results were used.

Here are some examples:

  • Violation of West Virginia Drug Laws And Procedures.  Although an employer has the legal right to test, it must follow the state’s requirements.  An West Virginia employer that doesn’t provide the required notice of its testing policy or observe state procedural rights (for example, by failing to conduct a confirmation test after an initial positive result or by allowing unauthorized personnel to perform the test) could face legal problems.
  • Disability Discrimination.  An applicant or employee who is taking medication for a disability is protected by the Americans with Disabilities Act (ADA).  Some prescribed medications turn up on drug tests and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions.  If an applicant is turned down because of a positive drug test and the applicant’s medication was legally prescribed for a disability, the company could be liable.
  • Other Discrimination Claims.  An employer who singles out certain groups of employees – for example, by race, age, or gender – for drug testing could face a discrimination claim.
  • Invasion Of Privacy.  Even an employer that is allowed or required to test might violate employee privacy in the way it conducts the test.  For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation.
  • Defamation.  An employee might have a valid claim for defamation if the employer ( that the employee tested positive, if the employer has reason to know that the test might not be accurate.  For example, if a retest showed that the first test was a false positive or the employee has appealed the first test, the employer may be liable for revealing the results of the positive test beyond those with a need to know.

Breakdown Of West Virginia Drug Laws.

West Virginia Drug Laws. West Virginia
Statute of Order: Currently Not Available
Covered Employers: Currently Not Available
Applicant Testing: Currently Not Available
Employee Testing: Currently Not Available
Conditions & Methods: Currently Not Available
Testing Bullet Points:
  • It is unlawful in West Virginia to require an employee or job applicant to pay for medical examinations required by the employer as a condition of employment. Employers in violation of this provision shall be penalized up to $100 for every instance of the violation.
  • State contractors working on public improvement projects are required to have a drug or alcohol testing program for their employees, paid for by the contractor/employer.
  • A State Supreme Court decision prohibited random drug testing by a private employer in West Virginia. However, random testing is permitted for employees of State contractors, for a period of one year after previously testing positive or caught adulterating test results, as part of appropriate disciplinary measures in accordance with a written drug-free workplace policy.
  • Prospective employees for correctional facilities in West Virginia are required to pass a pre-employment drug screening prior to being hired.
  • Employees may not be entitled to receive Workers’ Compensation Fund benefits for work related injuries or death caused by intoxication of the employee. For this purpose, the employer may require post-accident blood testing for the presence of intoxicants based on reasonable and good faith suspicion.
  • Similarly, employees terminated for misconduct, which includes being intoxicated while at work or being under the influence of any controlled substance while at work, are disqualified from receiving unemployment benefits.

Federal law doesn’t have much to say about drug testing except for certain employers such as transportation, nuclear energy, and military contracting industries that are heavily regulated by the federal government.   Many states or even some local governments often do regulate drug testing. For a more comprehensive look at Federal, State or Local Drug Testing Laws see Workplace Drug Testing Laws.

The West Virginia Drug Law For Marijuana Possession.

The Vast Majority Of Drug Test Failures in West Virginia Are For Breaking West Virginia Drug Laws For Marijuana, Not Federal Or Local Laws.

West Virginia drug laws have their own spe­cific strengths you must avoid and weak­ness in which one can take advan­tage when it comes to marijuana. The same is true of the Federal Laws concerning marijuana.

Marijuana is the third most popular recreational drug in West Virginia behind only alcohol and tobacco.  Marijuana has been used by nearly 100 million Americans at one time or another with an equal cross-section of people in West Virginia using marijuana.  According to the federal government, some 25 million Americans have smoked marijuana in the past year and more than 14 million do so regularly despite harsh laws against its use.  West Virginia is no exception in its implementation of marijuana law.

Unlike alcohol, for which impairment can be reasonably measured using a breathalyzer, valid detection for marijuana requires drug testing.   This is time-consuming, complicated and the drug tests for marijuana cannot determine an approximate degree of impairment.   The detection of marijuana is also complicated by the various types of drug testing available and the types of myths, half-truths and rumors that surround marijuana drug testing.

Overview Of West Virginia Drug Test Laws.

  1. Legal Stand  – The state law of West Virginia mandates certain employees for tests. Employers in other industries are directed as to who may be covered, the agency to be used, timing of drug tests and the substances that are to be tested for. The directives to employers come from legal decisions that have been taken over the years.
  2. Policy  – The law does not mandate a written policy in the privately run workplace but the absence of a clearly written policy hinders an employer’s decision to rebut a claim for compensation or unemployment by an errant worker. A written policy is mandated only in the Public Works Improvement projects. The law dictates that the policy must state the meaning and employer’s intent of keeping the workplace free of drugs, list the type of tests that an employee may be subjected to and name the individual who is the contractor’s drug free workplace representative. The policy must be kept in a clearly visible place each employee will be provided a copy to read and provide a signed acknowledgement.
  3. Notice  – A notice is mandated only in the Public Works Projects in easy view of the employees.
  4. Expense  – The law requires the public works department to bear the substance testing costs carried out randomly or on suspicion. Other than that, all employers are required to bear the cost of medical exams. The court does not clearly cover substance abuse tests as a part of medical exams.
  5. Impact of Positive Test –  If the employee of a contractor tests positive, it may lead to a series of disciplinary action including immediate termination of the employment contract. If the employee is not terminated, there is likely to be a requirement for random drug or alcohol tests for a year after the positive result.
  6. Violation of  Policy  – The contractor is liable to lose the awarded contract if there exists proof that the drug free workplace policy is not being strictly implemented. Absence or suppression of information with respect to the drug free workplace policy is also deemed reason enough to cancel the contract. The contractor is required to carry out two hours drug free workplace training for supervisors every year. All new employees must be educated with respect to this policy within 6 weeks of joining.
  7. Timing – If the behavior of an employee in a public works improvement project indicates the use of intoxicants, the employee may be immediately suspended from risk-sensitive work until a substance abuse test is carried out. Pre-employment, random (especially for high-risk jobs), post accident and reasonable cause based testing may be conducted by employers. In addition, follow-up random tests may be carried out for a year after a positive test.
  8. Positions Covered  – The law requires random testing to be limited to only safety-sensitive positions.
  9. Procedure – The law requires public works contractors and sub-contractors to undergo urine analysis for drug and alcohol testing in a scientific and medically accepted manner.
  10. Substances covered – A 9-panel drug test is defined for contractors and sub-contractors in public works projects. Private employers are not subjected to any limit or listing of substances to be tested.

Federal Laws On Drug Testing

The Federal Drug Laws can be confusing and even sometimes seem to be in conflict with the West Virginia Drug Test Laws.  Their are specific and rather complex guidelines that Health And Human Services have published entitled Mandatory Guidelines for Federal
Workplace Drug Testing Programs.  Please review this information if you feel it is appropriate in addition to the West Virginia Drug Laws.

Federal Government Overview Of Drug Testing.

If you review the attached Federal Government / CDC Resource Guide you will know what the people giving the tests are trained to look for and the information they have as an instruction booklet.  This would be in addition to the information what you have learned specifically about the West Virginia Drug Laws.