{"data":{"id":"us-wv/w.-va.-code-21-3e-12","jurisdiction":"us-wv","citation":"W. Va. Code § 21-3E-12","heading":"Cause of action.","body":"(a) No cause of action is or shall be established for any person against an employer who has established a program of drug or alcohol testing in accordance with this article, unless the employee’s action was based on a false positive test result, and the employer had actual knowledge that the result was in error, and ignored the true test result because of disregard for the truth and/or the willful intent to deceive or be deceived.\n(b) In any claim, including a claim under this article, where it is alleged that an employer’s action was based on a false positive test result:\n(1) There is a rebuttable presumption that the test result was valid if the employer complied with the provisions of this article; and\n(2) The employer is not liable for monetary damages if its reliance on a false positive test result was reasonable and in good faith.\n(c) There is no employer liability for any action taken related to a false negative drug or alcohol test.","path":["CHAPTER 21. LABOR","ARTICLE 3E. THE WEST VIRGINIA SAFER WORKPLACE ACT."],"source_url":"https://code.wvlegislature.gov/21-3E-12/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:25:43Z","sha256":"41787734bdd843ef56c406e11d1164470299940971e7bb0bd02173c2b3ae6cac","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-21-3e-11","next":"us-wv/w.-va.-code-21-3e-13"},"notice":"GroundRules: Original legal text. Not legal advice."}