{"data":{"id":"us-wv/w.-va.-code-21-3e-9","jurisdiction":"us-wv","citation":"W. Va. Code § 21-3E-9","heading":"Disciplinary procedures.","body":"Upon receipt of a confirmed positive drug or alcohol test result which indicates a violation of the employer’s written policy, or upon the refusal of an employee or prospective employee to provide a testing sample, an employer may use that test result or test refusal as a valid basis for disciplinary and/or rehabilitative actions, which may include, among other actions, the following:\n(1) A requirement that the employee enroll in an employer-provided or approved rehabilitation, treatment and/or counseling program, which may include additional drug and/or alcohol testing, participation in which may be a condition of continued employment, and the costs of which may or may not be covered by the employer’s health plan or policies;\n(2) Suspension of the employee, with or without pay, for a designated period of time;\n(3) Termination of employment;\n(4) Refusal to hire a prospective employee; and/or\n(5) Other adverse employment action in conformance with the employer’s written policy and procedures, including any relevant collective bargaining agreement provisions.","path":["CHAPTER 21. LABOR","ARTICLE 3E. THE WEST VIRGINIA SAFER WORKPLACE ACT."],"source_url":"https://code.wvlegislature.gov/21-3E-9/","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":"f5f857c92f4a1e461a8fc59d3810167daada06c86b3fd20cbefe1d1f61271b4a","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-21-3e-8","next":"us-wv/w.-va.-code-21-3e-10"},"notice":"GroundRules: Original legal text. Not legal advice."}