Contractors in West Virginia who have public improvement construction contracts are now required to have a Drug Free Workplace Program in place.  The law is entitled “The West Virginia Alcohol and Drug-Free Workplace Act.” The law can be found in the Code of West Virginia, 1931 §21-1D-1— §21-1D-9. The law is aimed at all businesses who are awarded public improvement contracts with the state of West Virginia. Furthermore, any companies who subcontract with companies awarded public improvement contracts are also subject to the act.

Is a nine panel drug test, a common test?  No, WV has chosen to test for more drugs than is usual. This may present a problem as many companies only offer testing for basic opiates, such as Heroin and Codeine. This law requires that you test for a full range of Opiates including Hydromorphone, Oxycodone, and Hydrocodone. Not every drug company will be able to help you with this requirement.  Florida Drug Screening offers this nine panel test with expanded opiates with very reasonable prices.

All contracts currently in progress are not covered by this law. Only contracts that are subject to solicitation on or after July 1, 2008 are subject to the law.  Companies that violate any part of this law are subject to fines. For a first offence the fine is no more than $1,000. For a second offence the fine is between $1,000 and $5,000. For the third and any subsequent offence the fine is between $5,000 and $25,000, and the company will be banned from bidding on or holding state improvement contracts for one year.