Virginia State Drug Testing Laws
Workplace drug testing issues – State Laws – Virginia
Virginia requires employers on State public works projects to maintain a drug-free workplace.
These categories do not affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
Workplace Drug Testing Laws in Virginia
| Drug Testing Issue |
Status |
Comments |
| Instant or POCT Testing |
No Restrictions |
|
| Drug Panels |
No Restrictions |
|
| Laboratory |
Restrictions |
The mining industry is required to utilize SAMHSA-certified laboratories and SAMHSA guidelines for drug testing. |
| Medical Review Officer (MRO) |
See comment for special requirements. |
MRO is highly recommended to avoid liability in your drug testing program and is required for the mining industry. |
| Random Testing |
No Restrictions |
|
| Post-Accident |
No Restrictions |
|
| Reasonable Suspicion |
No Restrictions |
|
| Oral Fluids |
No Restrictions |
|
| Hair Testing |
No Restrictions |
|
| Unemployment Denial |
Yes, address in company policy. |
Unemployment law and court decisions may result in denial of benefits when fired for a positive drug test. |
| Workers Comp Discount |
Yes |
5% discount based on insurance company requirements Call your insurance agent or workers' compensation insurer today and see how this could benefit your business. § 65.2-813.2. Virginia premium discounts; drug-free workplace programs |
| Intoxication Defense |
Yes, available |
The Virginia code section 65.2-306 provides that compensation is not allowed when an injury is caused by intoxication or use of a non-prescribed controlled substance; the employer must follow SAMHSA guidelines for drug testing. |
| Medical Marijuana |
Yes |
Medical Marijuana |
| Recreational Marijuana |
No |
|
| Report Driver DOT Positives |
No |
|
| General Statute |
|
Companies in the mining industry are required to comply with the provisions of the mining drug-free workplace law. A voluntary drug-free workplace law exists in Virginia. Contractors working on Public Works projects must have a Drug Free Workplace - § 2.2-4312rnrn |
Intoxication Defense - States vary in their willingness to allow employers to use an injured worker's intoxication against a compensation claim. State laws' intoxication defenses generally fall into one of three rough categories: reasons that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury. Always check with your insurance company and attorney when you have a positive post-accident test after an injury.
§ 65.2-813.2.
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State
and local law vary greatly; therefore, you are advised to consult experienced legal counsel during the design
of your actual substance abuse testing program and with any questions that follow.
View Individual State Law Summaries
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