HB2857 HFAT Shott 3-23

Delegate Shott moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

Eng. House Bill No. 2857 -- A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated 21-3E-1, 21-3E-2, 21-3E-3, 21-3E-4, 21-3E-5, 21-3E-6, 21-3E-7, 21-3E-8, 21-3E-9, 21-3E-10, 21-3E-11, 21-3E-12, 21-3E-13, 21-3E-14, 21-3E-15 and 21-3E-16, all relating to creating West Virginia Safer Workplace Act; permitting employers to test employees and prospective employees for drugs and alcohol; providing a short title; defining terms; declaring public policy; clarifying exceptions to the applicability of the West Virginia Safer Workplace Act for employers covered by other drug and alcohol testing statutes; determining a collection of samples, scheduling of tests and testing procedures; providing for ability to request split sample be tested to challenge a positive test result; establishing responsibility for cost of split sample testing; setting forth testing policy requirements; providing for disciplinary procedures; providing for sensitive employees; providing protection from liability; prohibiting certain causes of action for employers who have established a program in accordance with the West Virginia Safer Workplace Act; providing exceptions; providing for confidentiality; providing for termination of employment; providing for forfeiture of certain benefits; clarifying that the drug and alcohol testing provisions of the West Virginia Safer Workplace Act cannot be used to show intoxication pursuant to section two, article four, chapter twenty-three of this code; and requiring employers to have drug and alcohol testing policies and procedures when implementing drug and alcohol testing.