West Virginia § 21-3E-11 Protection from liability

West Virginia Statutes

§ 21-3E-11 — Protection from liability

West Virginia § 21-3E-11

Ch. 21LABOR

Art. 3ETHE WEST VIRGINIA SAFER WORKPLACE ACT

This text of West Virginia § 21-3E-11 (Protection from liability) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 21-3E-11 (2026).

Text

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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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.