Under the influence: When employees bring their party to work

The holiday season and corresponding celebratory shenanigans will soon be upon us. This means many employers may be facing the question “What do we do when someone brings their party to work?” This article covers the broad strokes of how to navigate these situations, but there’s never a one-size-fits-all, and employers should proceed thoughtfully.

Laws regarding drug and alcohol testing

For private employers, the West Virginia Safer Workplace Act allows employers to require drug and alcohol testing for current (and prospective) employees. Under the Act, employers may require current employees to take a drug or an alcohol test on suspicion of intoxication or drug use if their written policy allows for drug or alcohol testing to investigate whether employees are impaired and if the employers follow the Act’s notice, educational, and procedural requirements.

Employers that have a policy that complies with the Act’s requirements (and that follow the policy) are immune from legal claims that arise from their acting in good faith based on the results of a drug or an alcohol test.

Employers not subject to the Act or other statutory drug testing programs aren’t allowed to drug test their current employees unless they have a reasonable, good-faith, objective suspicion of an employee’s drug usage and the employee’s job responsibility involves public safety or the safety of others.