The Safer Workplace Act, will goes into effect July 7, 2017, will broaden the circumstances under which employers may conduct workplace drug and alcohol testing. Employers must comply with all of the statue’s requirements in order to take advantage of its benefits. First, employers who plan to test employees for drug or alcohol are obligated to have a written policy that must be distributed to every employee subject to testing. The Act mandates that any testing of employees must occur during, or immediately before or after, a regular work period. It also provides West Virginia employers with specific guidelines to be used during the testing process. If a tested individual receives a confirmed positive drug or alcohol test result or if he or she refuses to provide a specimen, the Act permits the employee to take disciplinary or rehabilitative action.

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