State:	Virginia
Statute of Order:	Currently Not Available
Covered Employers:	Currently Not Available
Applicant Testing:	Currently Not Available
Employee Testing:	Currently Not Available
Conditions & Methods:	Currently Not Available
Pass Drug Testing Bulletpoints:	Insurers for workers’ compensation benefits are to provide premium discounts of up to 5% for employers enacting compliant drug-free workplace programs. The insurers are to establish the criteria for compliance that would allow employers to be eligible for the discount. Employers may not require employees or applicants for employment to pay for the costs of medical examination required as a condition of employment under penalty of a fine not to exceed $100 for every infraction. Any attempt to defeat or defraud drug and alcohol screening tests in the State of Virginia is a violation that constitutes a Class 1 misdemeanor. With regards to workers’ compensation benefits, an employee’s injury or death caused by the employee’s intoxication, willful breach of any reasonable rule or regulation adopted by the employer with the employee’s prior knowledge, and the employee’s use of an identified non-prescribed controlled substance are all grounds for denial of compensation. Unemployment benefits may likewise be denied if the employee was terminated for misconduct, the definition for which includes confirming positive to a compliant standard drug test for a non-prescribed controlled substance under the employer’s known bona fide workplace drug policy.

10 Things to Know To Pass A Drug Test In Virginia

1) Legal Stand

This is a necessary test in the mining industry and left to voluntary decision otherwise. Discounted programs are available for workers of other industry. A miner cannot refuse to undergo drug testing and inability clear the testing process involves suspension of certificate.

2) Policy

Virginia law does not dictate the need for a policy except in the mining industry where a policy is a necessity. The policy is also needed in organizations where the employers have chosen to volunteer for the discounted state scheme.

3) Cost Of Testing

The law clearly states that the cost of a medical exam is to be borne by the employer. An applicant or employee can turn to legal recourse if asked to bear the cost. However, the law does not clearly include drug tests as part of the medical tests. Drug test cost is specified as payable in the laws pertaining to the mining industry.

4) Positive Test Result

The law for the mining industry specifies suspension of certificate if the drug test returns positive. A workers compensation claim can also be refuted if the test is positive in another industry. If the miner is able to prove that the drug is being taken under licensed prescription, the positive result does not lead to suspension of certificates and legal action. If a SAMHSA lab and procedure conducts the test, the individual can be considered to have carried out misconduct and may lose any compensation benefits on account of the accident.

5) Drug Specification

The law does not specify the drugs to be tested for the non-mining industry. In the mining industry, a 11-panel drug test is prescribed.

6) Approved Agency

SAMHSA certified lab and procedures are required for carrying out drug tests for the mining industry. If a compensation claim is to be refuted, an approved laboratory must conduct all tests.

7) Timing of Drug Tests

Law does not specify the timing of drug testing. If a mining accident has occurred, due to the presence of intoxicants in a miner’s system, an immediate drug test is required on the victims who have either caused or suffered in the accident.

8) Types of Jobs

A mandatory substance abuse testing and a rehabilitation program legally is specified for the mining industry. Other industries are free to choose the approach to the possible existence of substance abuse that might create workplace issues. While the law does not specify details, it takes a strong view of substance related accidents and endangering of lives in the mining industry.

9) Substance Abuse Program

A miner who is undergoing a substance abuse program on a regular basis will not face suspension of the certificate. If the individual has not shown attendance in the program, suspension is possible.

10) Method

The legal framework accepts federal DOT and SAMHSA procedures. In case of the mining industry, these procedures are necessary, in the other industries, these procedures are legally accepted for rebutting a compensation claim.

PASS A DRUG TEST IN VIRGINIA