April 19, 2009: The West Virginia Drug Free Workplace Act, (DFWA) newly enacted in 2008, was amended to extend its reach to all levels of government and raises the contract value to over $100,000. The amendment is awaiting the Governor’s signature.
The DFWA requires all contractors, defined as any employer working on a public improvement without regard to whether they are serving as the prime or subcontractor to another, to test for nine (9) drugs, including marijuana, cocaine, opiates including hydromorphone, oxycodone, hydrocodone, phencyclidine, amphetamines, barbiturates, benzodiazepines, methadone and propoxyphene.
No public authority, including as amended:
“any officer, board or commission or other agency of the State of West Virginia, its counties or municipalities or any political subdivision thereof, authorized by law to enter into a contract for the construction of a public improvement, including any institution supported, * * * in whole or in part, from public funds, may award a public improvement contract which is to be let to bid to a contractor unless the terms of the contract require the contractor and its subcontractors to implement and maintain a written drug-free workplace policy * * * and the contractor and its subcontractors provide a sworn statement in writing, under the penalties of perjury, that they maintain a valid drug-free workplace policy in compliance with this article.” [emphasis added].
Among other requirements, the contractor and each subcontractor must annually provide a sworn certificate of compliance that they maintain a drug-free workplace which includes pre-employment, reasonable cause, post-accident and random testing, that they have a written policy and biannual two-hour employee awareness education and annual two-hour supervisory training. (workersxzcompxzkit)
Penalties for non-compliance include possible conviction of misdemeanor, fines and possible exclusion from bidding on future public works.
Attorney Judge, JD, LLM can be reached at The Center for Drug Test Information, 877-423-8422 centerfordrugtestinformation@yahoo.com www.centerfordrugtestinformation.com
US Drug Testing Laws: www.ReduceYourWorkersComp.com//drug-testing-state-laws.php
WC Calculator: www.ReduceYourWorkersComp.com/calculator.php
TD Calculator: www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php
WC 101: www.ReduceYourWorkersComp.com/workers_comp.php D
o not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.
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