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Unemployment compensation
Virginia’s unemployment compensation law provides that an individual does not qualify for benefits during any week that the individual tests positive for drugs in connection with a suitable offer of work. An employee is disqualified from eligibility for benefits if the individual is discharged for a confirmed positive drug test for a non-prescribed controlled substance, as evidenced by a positive, confirmed United States Department of Transportation (DOT) qualified drug screen conducted in accordance with the employer’s bona fide drug policy.
Workers’ Compensation Premium Discount Program
Virginia’s Workers’ Compensation Premium Discount Program provides that insurers providing coverage under the workers’ compensation statute must provide premium discounts of up to five percent to every employer who institutes a drug-free workplace program which meets the criteria established by the insurer.
Workers’ compensation
Virginia’s workers’ compensation law denies benefits to an employee whose injury or death is caused by intoxication or use of a controlled substance. A positive drug or alcohol test result creates a rebuttable presumption that the employee was intoxicated or using drugs at the time of the individual's injury or death.
Drug-free Workplace Act
Virginia’s Drug-free Workplace Act requires all public bodies to include in every contract over $10,000 the following provisions:
Contacts
Virginia Workers’ Compensation Commission
Regulations
Unemployment compensation
Code of Virginia Title 60.2, §60.2-618
Workers' Compensation Premium Discount Program
Code of Virginia Title 65.2, §65.2-813.2
Workers' compensation
Code of Virginia Title 65.2, §65.2-306
Drug-free Workplace Act
Code of Virginia Title 2.2, §2.2-4312
Under the Improve Tracking of Workplace Injuries and Illnesses final rule, the Occupational Safety and Health Administration (OSHA) prohibits employers from using drug testing, or the threat of drug testing, to retaliate against an employee for reporting an injury or illness.
Employers may conduct post-incident drug testing if there is a reasonable possibility that employee drug use could have contributed to the reported injury or illness.
Contacts
Drug testing rules
U.S. Department of Transportation
Regulations
DOT drug testing rules
49 CFR Part 40
49 CFR Part 382
Drug-Free Workplace Act of 1988
United States Code at 41 U.S.C. 81
Guidance document