WEST virginia legislature
2020 regular session
Committee Substitute
for
Senate Bill 547
Senators Trump and Plymale, original sponsors
[Originating in the Committee on the Judiciary; reported on January 29, 2020]
A BILL to amend and reenact §21-3E-16 of the Code of West Virginia, 1931, as amended, relating to employer testing, notice, termination, and forfeiture of unemployment compensation benefits.
Be it enacted by the Legislature of West Virginia:
Article 3. The west virginia safer workplace act.
§21-3E-16. Employer testing; notice; termination; forfeiture.
If an employer implements a
drug-free workplace program in accordance with this article, which includes
notice, education, and procedural requirements for testing for drugs and
alcohol pursuant to this law, the employer may require the employee to submit
to a test for the presence of drugs or alcohol. If an employee is terminated
because alcohol or a drug or alcohol is found to be present in the
employee’s system at a level proscribed by the employer’s policy, the employee,
may be terminated and forfeits his or her eligibility for unemployment
compensation benefits and if injured at the time of the intoxication, forfeits
indemnity benefits under the Workers’ Compensation Laws. However, the
employer’s drug-free workplace program must notify all employees that it is a
condition of employment for an employee to refrain from reporting to work or
working with the presence of drugs or alcohol in his or her body and that
policy must also state that if an injured employee refuses to submit to a test
for drugs or alcohol that employee forfeits eligibility for unemployment
compensation benefits, and if injured, indemnity benefits under the Workers’
Compensation Laws. Employers who do not notify their employees of this
condition of employment waive their right to assert that eligibility for
benefits is entirely forfeited.
Nothing herein in
this section may be construed or deemed determined to affect
§23-4-2(a) of this code and the provisions of said section shall be the sole
manner in which intoxication may be proven to establish such intoxication as
the proximate cause of an injury for purposes of said chapter.
NOTE: The purpose of this bill is to rectify a conflict with Federal Unemployment Compensation and Social Security Administration laws regarding claims determinations and an individual’s “opportunity for a fair hearing” for unemployment compensation claims that are denied.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.