West Virginia Law Update

Background Checks

On March 25, 2019, West Virginia Governor Jim Justice signed legislation (S.B. 152) requiring applicants seeking employment in which they would be engaged in the prevention, detection, investigation, prosecution, or incarceration of people who violate the law must disclose all such expunged convictions to their prospective employer. In addition, employers that are required by state or federal law to obtain criminal background checks on applicants are authorized to have knowledge of any such applicant’s expunged convictions.

The law is effective June 7, 2019.

Read WV S.B. 152

Drug Testing and Coal Miners

On March 27, 2019, West Virginia Governor Jim Justice signed legislation (S.B. 635) relating to coal mining activities. Specific to the workplace, the law amended the following related to miners’ health, safety, and training law:

·         Va. Code § 22A-1A-1 now permits employers to drug test any employee involved in an accident that results in physical injuries or damage to equipment or property.

·         Va. Code § 22A-1A-2 now requires that miners testing positive for drug use must undergo a mandatory minimum six-month suspension.

The law was applied retroactively and became effective March 9, 2019.

Read WV S.B. 635