West Virginia HB 2441 Change Notification
This measure provides that an individual will be disqualified for unemployment compensation for failing a random testing for alcohol or illegal controlled substances in safety sensitive positions.
Effective Date
Immediately
West Virginia House Bill 2441 Implication to Stakeholders
For employers this is a win. In the past, this reason was not a disqualifying discharge reason related to unemployment benefits. Now, if an employer is in an industry where safety is of significant concern, if they have a policy regarding drug tests, they will likely have more favorable determinations in the future.
Recommended Action
Employers should confirm they have a company policy in their handbook, related to failure to pass a drug screening, if the employee is in a safety sensitive position. This is necessary, along with a copy of each employee’s signed copy of receipt of the handbook and understanding of the policies within the handbook. Without both of these, employers may still find themselves losing unemployment claims related to this issue.
