Federal & State Regulations | Drug-free workplace - Virginia

State Info

Summary of differences between federal and state regulations

The federal Drug-Free Workplace Act, which applies only to federal contractors and grantees, requires adoption of Drug-Free Workplace rules to do business with the government. It neither requires nor prohibits drug testing. States are free to adopt whatever regulations they deem appropriate for public or private employers. Where states have drug testing provisions as part of their Drug Free Workplace Acts, drug testing information is included in this section. Where states have separate drug testing provisions that are not part of a Drug Free Workplace Act, these are covered under the section on “Drug Testing.”

Drug-Free Workplace Act

Virginia’s Drug-free Workplace Act is similar to federal law; although the contract amount is different (federal is $100,000). It requires all public bodies to include in every contract over $10,000 the following provisions:

1) the contractor must provide a drug-free workplace for the contractor's employees,

2) s/he must post a statement explaining the drug-free workplace policy and the consequences for policy violations,

3) s/he must state in all solicitations or advertisements for employees that the contractor maintains a drug-free workplace, and

4) s/he must include the drug-free workplace clauses from the Act in every subcontract or purchase order over $10,000 so that the provisions are binding on the subcontractor or vendor.

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.