State Drug Testing Laws Interactive Map

West Virginia

(Last Updated August 2023)

West Virginia has a general mandatory drug testing statute that does not require reasonable suspicion or safety-sensitive workplaces in order to conduct drug testing. However, there is case law that limits drug testing to safety-sensitive and reasonable suspicion circumstances. The drug testing statute specifically establishes public policy allowing drug testing and may override existing case law to the contrary. It is strongly recommended to consult a legal expert before implementing drug testing in the state of West Virginia. Additionally, the state mandates drug and alcohol testing of certain workers involved in Public Works improvement projects. The mandatory drug testing law allows employers to deny workers’ compensation and unemployment compensation benefits for employees who fail a drug test. However, there are workers’ and unemployment compensation laws in West Virginia that contain their own drug testing requirements.

The summary and video are offered for informational purposes and not meant to be construed as legal advice.