under the influence of a report only confirmed drug test results Employers cannot drug on the job. The to the employer. discharge an employer must also have a employee after a bona fide rehabilitation positive drug test if program for alcohol or drug the employee agrees abuse that is available to the to participate in, and employee or available successfully through health insurance. completes, a rehabilitation program. The employee may be suspended for the time it takes to complete the program, for up to 3 months. The employer may discharge the employee if a later drug test for probable cause is positive. Virginia There is no There is no state law The criteria that Specimen: State law State law does not specify how drug State law does not It is unlawful for general statute regulating the employers must does not specify tests must be conducted. specify a protocol to an employer to requiring or circumstances satisfy in order to which kind of follow if a drug test require an regulating drug reasonable, qualify for the testing (urine, Virginia law does not specify where a comes back positive, employee or testing in either suspicion, etc.) under which comp. blood, hair, etc.) is drug test can or must take place. such as a re-testing applicant for workers’ employment or testing is authorized or discount should be authorized or procedure. employment to pre-employment. prohibited in general established by the prohibited. pay for a medical employment. insurer. There are no Virginia examination as a employer’s Virginia has a laws protecting condition of statute on employees or employment. workplace applicants who test (Va. Code Ann. § programs, which positive for drugs or 40.1-28) provides that alcohol. qualified employers are eligible for up to 5% off of their comp. workers’ premiums for maintaining workplaces. (Va. Code Ann. § 65.2-813.2)
under the influence of a drug on the job. The employer must also have a bona fide rehabilitation program for alcohol or drug abuse that is available to the employee or available through health insurance. report only confirmed drug test results to the employer. Employers cannot discharge an employee after a positive drug test if the employee agrees to participate in, and successfully completes, a rehabilitation program. The employee may be suspended for the time it takes to complete the program, for up to 3 months. The employer may discharge the employee if a later drug test for probable cause is positive. Virginia There is no general statute requiring or regulating drug testing in either employment or pre-employment. Virginia has a statute on workplace programs, which provides that qualified employers are eligible for up to 5% off of their workers’ comp. premiums for maintaining workplaces. (Va. Code Ann. § 65.2-813.2) There is no state law regulating the circumstances reasonable, suspicion, etc.) under which testing is authorized or prohibited in general employment. The criteria that employers must satisfy in order to qualify for the workers’ comp. discount should be established by the employer’s insurer. Specimen: State law does not specify which kind of testing (urine, blood, hair, etc.) is authorized or prohibited. State law does not specify how drug tests must be conducted. Virginia law does not specify where a drug test can or must take place. State law does not specify a protocol to follow if a drug test comes back positive, such as a re-testing procedure. There are no Virginia laws protecting employees or applicants who test positive for drugs or alcohol. It is unlawful for an employer to require an employee or applicant for employment to pay for a medical examination as a condition of employment. (Va. Code Ann. § 40.1-28)
50-State-Survey-Drug-Alcohol-Testing-Laws-August-2015.docx