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WEST VIRGINIA ALCOHOL AND DRUG-FREE WORKPLACE ACT

 

Regulation Alert

Contractors in West Virginia who have public improvement construction contracts ARE NOW REQUIRED to have a Drug Free Workplace Program in place.

Contact IEBT NOW to get into compliance with these new regulations.

*employers, contractors, sub-contractors, laborers, mechanics, etc.

 

WHAT IS THE NEW LAW?

The following summarizes the recently mandated state of West Virginia requirements governing employers, employees, contractors, sub-contractors, laborers, mechanics, etc. who have public improvement construction contracts with the state of West Virginia. 

An Alcohol and Drug-Free Workplace Program in accordance with the West Virginia Code 1931 ?1-1D-1??1-1D-9 must be established and maintained in order to bid on state contracts.

WHEN DOES THIS LAW GO INTO EFFECT?

Everyone is to be in compliance with these regulations as of July 1st of 2008. Companies that violate any part of this law are subject to fines. For a first offence the fine is no more than $1,000. For a second offence the fine is between $1,000 and $5,000. For the third and any subsequent offence the fine is between $5,000 and $25,000, and the company will be banned from bidding on or holding state improvement contracts for one year.

HOW CAN I SET UP A PROGRAM AND BE ASSURED I'M IN COMPLIANCE?

You have a choice of doing everything yourself that is necessary to be in compliance.  Unfortunately, this is not a simple matter. There are many complex issues that need addressed.

HIRE A THIRD PARTY ADMINISTRATOR (TPA)

You may retain the services of a Third Party Administrator (TPA) like IEBT to handle your needs for you. For the most part, the use of a TPA is more cost effective and efficient than trying to do everything required on your own. 

WHAT IEBT WILL DO FOR YOU ?

Writing, Implementing and Maintaining a Plan - See 1931 ?1-1D-4

The law requires that you have a written policy that explains to you and all of your employees all of your and their rights and responsibilities. This is a legal contract that defines specifically what the employee and employer responsibilities and rights are under the law. It is carefully crafted to give your company the maximum protection against substance abuse allowable under the law.

Your plan must designate, define and implement procedures for drug and alcohol testing in the following categories: Pre-Employment and Random Testing, Testing Based on Reasonable Cause, Post-accident testing, Return-to-Duty-Testing and Follow-up Testing. 

IEBT will secure the services of a laboratory that analyzes the specimens collected for drug testing and designate that laboratory in the plan. The Substance Abuse and Mental Health Safety Administration (SAMHSA), a division of the Department of Health and Human Services (DHHS) must approve the laboratory. 

IEBT will also provide alcohol testing with certified Breath Alcohol Technicians (BAT) or  Screening Test Technicians (STT) using approved Evidential Breath Tester (EBT) or Alcohol Screening Device (ASD).

IEBT will secure the services of a Medical Review Officer (MRO) who is responsible for confirmation of drug test lab results, reporting all results to you, be a qualified doctor as required by West Virginia code.

IEBT will secure the services of an Employee Assistance Program (EAP) and provide employees access to this program.

IEBT will secure the services of a Substance Abuse Professional (SAP), who is responsible for charting a course of assistance for employees with an abuse problem, and is responsible for direction of employees who register positive on a drug test, including the direction of treatment, required return-to-duty testing and follow-up testing.

Once your plan is written it has to be posted in a prominent and easily accessible place at the public improvement construction site by each contractor. See  1931 ?1-1D-6

Be mindful that there are additional requirements that must be met in the way of record keeping and compliance reporting to maintain your approved status. Those issues are discussed below.

In summary, the above components properly assembled for your company, whether you have one employee or thousands; create a compliance document. This policy must meet a long checklist of items incorporated into it as well as those elements stated above, and in the regulations of the West Virginia code.

Simply put, you may attempt to do all of the above on your own, or as mentioned, have a TPA handle this for you. IEBT will do everything required above for a one-time fee.

Record Keeping and Reporting - See 1931 ?1-1D-7

Every contractor shall keep an accurate record showing the names, occupation and safety-sensitive status of all employees, in connection with the construction on the public improvement, and showing any drug tests or alcohol tests performed and employee education and supervisor training received, which record shall be open at all reasonable hours to the inspection of and the public authority which let the contract and its officers and agents. It is not necessary to preserve the record for a period longer than three years after the termination of the contract.

This is another task that you can undertake, or IEBT will maintain the proper record keeping and do all of the necessary compliance reporting for you.

Required Training - See 1931 ?1-1D-5 (12), (13)

All employees - Must be provided within six weeks of new employment at least two hours of drug-free workplace employee education for and annually thereafter.  During such training, employees with drug abuse or alcohol misuse problems will learn of confidential help that is available to them.

All supervisors - Must be provided at least two hours of drug-free workplace supervisor training for all supervisory employees and annually thereafter.  This is in addition to the required annual employee training.

LIVE Training is conducted on-site at your place of business, by web conference, or at one of IEBT's facilities.

Pre-Employment Drug Testing - See 1931 ?1-1D-5 (11)(D)(i)

Before hiring a new employee, the applicant will need to submit to a Pre-Employment Test.

Drug Testing requires a specimen collection facility, a SAMHSA certified laboratory and a certified doctor who serves as a Medical Review Officer (MRO), and verifies a test as positive or negative.

Testing can be conducted on-site at your place of business, or at one of IEBT's facilities.

Random Testing Selection Administration - See 1931 ?1-1D-2 (k), ?1-1D-5 (B), ?1-1D-5 (11)(D)(iii)

Each company, whether it is made up of one contractor, or thousands of employees, must have a random selection pool set up to comply with random testing regulation requirements of at least ten percent of the employees per year. Typically, smaller companies are enjoined into a consortium as a means to meet random testing compliance, and as not to overburden employees with an excessive amount of drug testing.

IEBT has its own Consortium for this purpose.  

Reasonable Cause - See 1931 ?1-1D-5 (1)(D), ?1-1D-5 (11)(D)(iv)

A drug test or alcohol test must be administered to any employee when a trained supervisor has reasonable cause to believe that the employee has reported to work or is working under the influence of a drug of abuse or alcohol.

Post-Accident Testing - See 1931 ?1-1D-5 (1)(C), ?1-1D-5 (11)(D)(ii)

A drug test or alcohol test must be administered to any employee who may have caused or contributed to an accident while conducting job duties.

Contact Us

If you have additional questions, or to arrange a consultation to get into compliance, in person or by phone, contact Ray Clifton, or Jack Boyle at 800.628.5106.

IEBT can have you in compliance in 3-5 working days!

 

IEBT Today

In the 90's, Drug-Free Workplace Programs became increasingly difficult for companies to manage.  Due in large part to ever-increasing government regulation and compliance issues, it became more and more difficult for companies to effectively develop, monitor and administer their programs.  Many programs became counter-productive due to lost expense, time, and energy. Small businesses were especially hurt by government mandates that forced them to seek out and hire Testing Facilities, Employee Assistance Programs and Substance Abuse Professionals.  This category of business faces the same challenges today, but on an even larger scale. 

In 1994, IEBT stepped to the forefront to develop an effective Third-Party Administration Model that allowed companies to effectively maintain their programs and focus on running their business.  Working shoulder to shoulder with government and business, IEBT led the way in developing a process that today covers every regulatory aspect of drug-testing administration including policy development, training and education, drug and alcohol testing, compliance reporting, and more.

IEBT Drug Free Workplace Policy DevelopmentSimply put, this TPA model puts your drug and alcohol testing administration in the hands of professionals, simplifying the Drug-Free Workplace Process on a Cost-effective Basis!

Whether you need one, or all of our services, your partnership with IEBT insures the benefits that a Drug-Free Workplace has to offer.  Whether you have an existing program, or are looking to implement one, rest assured that a company with 20 years of experience in this industry can serve your needs no matter what they may be.

 

Contact us Today for a Free Consultation!

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