Drug testing - Virginia

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:

• The contractor must provide a drug-free workplace for the contractor’s employees;
• The contractor must post a statement explaining the drug-free workplace policy and the consequences for policy violations;
• The contractor must state in all solicitations or advertisements for employees that the contractor maintains a drug-free workplace; and
• The contractor must include the drug-free workplace clauses from this act in every subcontract or purchase order over $10,000 so that the provisions are binding on the subcontractor or vendor.