2021 West Virginia Code
Chapter 21. Labor
Article 3E. The West Virginia Safer Workplace Act
§21-3E-9. Disciplinary Procedures
Upon receipt of a confirmed positive drug or alcohol test result which indicates a violation of the employer’s written policy, or upon the refusal of an employee or prospective employee to provide a testing sample, an employer may use that test result or test refusal as a valid basis for disciplinary and/or rehabilitative actions, which may include, among other actions, the following:
(1) A requirement that the employee enroll in an employer-provided or approved rehabilitation, treatment and/or counseling program, which may include additional drug and/or alcohol testing, participation in which may be a condition of continued employment, and the costs of which may or may not be covered by the employer’s health plan or policies;
(2) Suspension of the employee, with or without pay, for a designated period of time;
(3) Termination of employment;
(4) Refusal to hire a prospective employee; and/or
(5) Other adverse employment action in conformance with the employer’s written policy and procedures, including any relevant collective bargaining agreement provisions.
