Drug Testing Law Summaries
Virginia, Drug Testing Law Summaries
Virginia has no general law dealing with drug testing in employment, but the state does have drug testing provisions for school bus drivers (Code of Virginia, Title 22.1, Ch. 12, Art. 1). Also, the workers' compensation law provides for premium discounts for employers with drug-free workplace programs (Code of Virginia, Title 65.2), and drug-free workplaces must be maintained by certain public contractors.
WHAT THE EMPLOYER MUST DO
Workers' compensation.- Every workers' compensation insurer must provide a premium discount of up to five percent to every employer instituting and maintaining a drug-free workplace program satisfying criteria established by the insurer (Sec. 65.2-813.2, as amended by Ch. 280 (H. 2306), L. 2000, effective July 1, 2001).
School bus drivers.- School boards may require persons accepting employment as a driver of a school bus transporting pupils to agree, as a condition of employment, to submit to alcohol and controlled substance testing. Any such tests must be conducted in compliance with Board of Education regulations (Sec. 22.1-178(C)).
Public contracts.- All public bodies shall include in every contract over $10,000 the following provisions: During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract (Sec. 2.2-4312).
City of Alexandria.- Any public contract over $10,000 must include substantially the following provisions (The Code of the City of Alexandria, Virginia, Title 3, Ch. 3, Sec. 3-3-78, as added by Ordinance No. 4138, passed June 17, 2000, effective July 1, 2000):
“During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.”
Defeating drug tests.- It is unlawful for a person to (Sec. 18.2-251.4, as added by Ch. 379 (H. 2478), L. 2000, effective July 1, 2001):
sell, give away, distribute, transport or market human urine in Virginia with the intent of using the urine to defeat a drug or alcohol screening test;
attempt to defeat a drug or alcohol screening test by the substitution of a sample;
adulterate a urine or other bodily fluid sample with the intent to defraud a drug or alcohol screening test.
A violation of this section is a Class 1 misdemeanor (Sec. 18.2-251.4, as added by Ch. 379 (H. 2478), L. 2000, effective July 1, 2001).
POSTING
See WHAT THE EMPLOYER MUST DO, Public contracts, above.