No cause of action arises in favor of any person against an employer based upon the failure of the employer to establish a program or policy on substance abuse prevention, or to implement drug or alcohol testing.
W. Va. Code § 21-3E-14
No requirement to implement a testing policy
Known as the West Virginia Safer Workplace Act
The act spans §§ 21–21 (16 sections).
Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.