Federal & State Regulations | Employee Polygraph Protection Act (EPPA) - West Virginia

State Info

Summary of differences between federal and state regulations

Polygraph protection

Polygraph protection provisions apply to employees and prospective employees in the private-sector and in state and local governments. Employers may not require employees or applicants to take any lie detector or similar tests as a condition of employment or continued employment.

A West Virginia employer may ask employees or applicants to take a polygraph test if:

A person is applying for employment or is employed with a law enforcement agency or military force of the state.
The person has or would have direct access to the manufacture, storage, distribution, or sale of a controlled substance.

Exam results may be used for no other purpose other than to employ or continue to employ persons tested under the above exemptions.

Polygraph examiners

Polygraph examiners need to be licensed by the West Virginia Division of Labor. The qualifications for obtaining a license include that the person must be a U.S. citizen, at least 21 years old, have never been convicted of a felony or misdemeanor involving moral turpitude, have an honorable discharge (if served in the armed services), has passed an examination administered by the Division, and have met certain educational and work experience requirements.

Only those instruments that record permanently and simultaneously cardiovascular, respiratory and galvanic skin response can be used to detect or verify the truth of statements. Instruments can additionally record other physiological changes.