West Virginia Statutes
§ 21-3E-11 — Protection from liability
No cause of action is or shall be established for any person against any employer who has established a policy and initiated a testing program in accordance with this article, for any of the following:
(1)Actions based on the results of a confirmed positive drug or alcohol test, or the refusal of an employee or job applicant to submit to a drug test;
(2)Failure to test for drugs or alcohol, or failure to test for a specific drug or other controlled substance;
(3)Failure to test for, or if tested for, failure to detect, any specific drug or other substance, any medical condition, any mental, emotional, or psychological disorder or condition; or
(4)Termination or suspension of any substance abuse prevention or testing program or policy.
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Legislative History
2017 Reg. Sess., HB2857; 2016 Reg. Sess., SB287
Nearby Sections
15
§ 21-1-3
Inspections by commissioner; duties and records of employers; commissioner may appoint assistants§ 21-1-5
Continuation of division§ 21-10-1
Short title§ 21-10-10
Service of process§ 21-10-12
Insurance; bond§ 21-10-12a
Minimum age for operating amusement ride§ 21-10-13
Regulation of carnivals, fairs and amusement rides and amusement attractions by cities and counties§ 21-10-14
Criminal penalty for violation§ 21-10-16
Revocation and suspension of permits