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  • Christopher D.

Navigating the West Virginia Safer Workplace Act

As the holiday season approaches, employers in West Virginia find themselves contemplating how to address potential challenges related to drug and alcohol use among employees. The West Virginia Safer Workplace Act plays a pivotal role in providing guidelines for drug and alcohol testing, particularly in situations where employers suspect impairment. 

This article aims to provide a broad understanding of navigating these workplace scenarios, emphasizing the importance of thoughtful and compliant approaches.

Understanding the West Virginia Safer Workplace Act

The West Virginia Safer Workplace Act grants private employers the authority to mandate drug and alcohol testing for both current and prospective employees. However, certain conditions must be met to ensure compliance. 

Employers can require a drug or alcohol test for a current employee if their written policy allows such testing to investigate impairment, and they adhere to the Act's notice, educational, and procedural requirements. Compliance with these guidelines grants employers immunity from legal claims arising from acting in good faith based on test results.

For employers not subject to the Act or other statutory drug testing programs, testing current employees is only permitted if there is reasonable, good faith suspicion of drug usage, or if the employee's responsibilities involve public safety. 

It's crucial to note that the Act does not apply to employers covered by specific drug testing statutes, such as those in public improvement projects, mining, and federally regulated transportation. Additionally, the West Virginia Medical Cannabis Act may come into play, adding complexity to drug testing procedures.

Recognizing Signs of Employee Impairment

Identifying signs of impairment is essential for establishing "reasonable suspicion." These signs include slurred speech, bloodshot or dilated eyes, unsteady gait, nonsensical speech, tremors, unusual sweating, inability to focus, mood changes, and peculiar odors. 

To build a case of reasonable suspicion, two or more supervisors should document objective facts, including details of each incident and any changes observed in the employee.

When suspicion arises, a supervisor or HR representative should approach the employee privately, sharing specific observations without expressing personal opinions. Inquiring about the employee's well-being and offering medical assistance if needed demonstrates a compassionate approach.

If suspicions persist, documentation becomes crucial, and the employer should refer to the drug testing policy. Supervisors or HR should decide promptly whether to send the employee for reasonable suspicion testing, with subsequent steps outlined in the policy.

Addressing Refusals and Positive Test Results

If an employee refuses testing, employers should consult the policy to determine if refusal can be treated as a positive test result, potentially leading to disciplinary action or termination. In case the policy doesn't provide for reasonable suspicion testing, employers may still test if there's a good faith basis and the employee's role involves public safety. However, the Act's immunity won't apply in such cases.

While possessing a medical cannabis card may excuse a positive marijuana test result, it doesn't require employers to tolerate on-the-job impairment. The West Virginia Medical Cannabis Act leaves room for interpretation, and employers facing such situations should seek legal counsel before making decisions.


As employers in West Virginia grapple with the complexities of the Safer Workplace Act, it is imperative to approach drug and alcohol testing scenarios with a judicious and compassionate mindset. The Act provides a framework for maintaining a safe work environment, but its effective implementation requires thoughtful consideration of individual cases. 

By prioritizing compliance with policies, meticulous documentation, and legal consultation when needed, employers can navigate the intricacies of workplace testing. The evolving landscape of drug legislation underscores the importance of staying informed and adapting strategies to ensure not only legal compliance but also the well-being and productivity of the workforce. 

As we usher in the holiday season, employers are encouraged to reflect on these considerations and foster a workplace culture that prioritizes both safety and employee welfare. In doing so, businesses can not only uphold legal standards but also contribute to the overall success and harmony of the workplace.

Get Your Medical Marijuana Card Today!

Medical marijuana is legal in the State of West Virginia, and you can apply for your very own medical card today! You need your medical card to visit any dispensary in the state.

If you think you may benefit from medical cannabis, there is a good chance you will qualify for a card. It is now easier than ever to get your card with telemedicine, right from the comfort of your own home!

Being a West Virginia medical marijuana patient allows you the freedom to establish your own personalized treatment plan. We’re dedicated to helping patients every step of the way!

Feel free to give us a call at 877-303-8424 and we can answer your questions about getting a medical marijuana card in West Virginia.


Doctors Who Care.

Relief You Can Trust.

West Virginia Marijuana Card’s mission is to help everyone achieve wellness safely and conveniently through increased access to medical marijuana. Our focus on education, inclusion, and acceptance will reduce the stigma for our patients by providing equal access to timely information and compassionate care.

If you have any questions, call us at 877-303-8424, or simply book a medical marijuana evaluation to start getting relief you can trust today!

Check out West Virginia Marijuana Card’s Blog to keep up to date on the latest medical marijuana news, tips, and information.


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