West Virginia Drug Laws
We are going to explore two aspects of West Virginia drug laws and the information necessary to learn how to pass a drug test in West Virginia.
Learning The Basics Of West Virginia Drug Laws.
First, we are not attorneys and can not provide specific advice on the West Virginia Drug Laws. It is very important you seek professional advice skilled with legal advice that is familiar with the ins and outs of local West Virginia drug laws.
Second, for those of you who are concerned with those West Virginia Drug Laws being applied to you, we offer information on the major just four major drug tests one might be facing in West Virginia.
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.
Pass A Hair Drug Test.
Pass A Saliva Drug Test.
Pass A Blood Drug Test.
West Virginia Drug 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.
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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.
- 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.
- 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.
- Notice – A notice is mandated only in the Public Works Projects in easy view of the employees.
- 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.
- 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.
- 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.
- 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.
- Positions Covered – The law requires random testing to be limited to only safety-sensitive positions.
- 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.
- 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.