What do employers need to know about West Virginias new drug law?
The act sets forth a broad array of permissible purposes for drug and alcohol testing current and prospective employees, defines safety sensitive employees, and provides for a number of legally permissible disciplinary and rehabilitative actions that may be taken as a result of a confirmed positive test or a refusal to submit to a test.
Is it legal for an employer to disclose drug test results?
It depends on who your employer is telling and why. Some employers are required by federal law and agency policy to reveal drug test results. HIPAA does not forbid an employer from disclosing drug test results. The Americans with Disabilities Act also does not protect an employee’s drug test results in most situations.
Can a person be fired for taking a drug test?
Most of the time after being hired an employer requires reasonable suspicion before having an employee take a drug test. Even with the recent legalization of marijuana in some states, employees in those states can still be punished for testing positive.
Can a job offer be conditional on passing a drug test?
For example, California allows a drug test only after the applicant has received an offer of employment conditioned on passing the test. In other states, employers that drug test are required to provide written notice or indicate in their job postings that testing is required.
What is the drug free workplace policy in West Virginia?
It is hereby declared to be the policy of the State of West Virginia to require public improvement contractors to have and implement a drug-free workplace policy that requires drug and alcohol testing. §21-1D-4. Drug-free workplace policy required for public improvement construction.
When to take a drug test in West Virginia?
The drug or alcohol test shall be conducted as soon as possible after the accident occurred and after any necessary medical attention has been administered to the employee.
It depends on who your employer is telling and why. Some employers are required by federal law and agency policy to reveal drug test results. HIPAA does not forbid an employer from disclosing drug test results. The Americans with Disabilities Act also does not protect an employee’s drug test results in most situations.
When does a supervisor need to conduct a drug test?
(D) Conduct a drug test or alcohol test of any employee when a trained supervisor has reasonable cause to believe that the employee has reported to work or is working under the influence of a drug of abuse or alcohol. Written documentation as to the nature of a supervisor’s reasonable cause shall be created.