Current through Register Vol. XLI, No. 50, December 13, 2024
Section 126-8-4 - Content4.1. This policy ensures that workplaces are free of illegal drugs and controlled substances by prohibiting the unlawful manufacture, distribution, dispensation, possession, or use without medical authorization, of illegal or controlled substances and/or alcohol; the reporting to work under the influence of a non-medically prescribed controlled substance or alcohol; or possession of non-medically prescribed paraphernalia.4.2. This policy is applicable while employees are engaged in any work-related activity which includes performance of agency business during regularly scheduled workdays, meal breaks, and/or occasions having an official connection with the job or the agency.4.3. Possession and/or distribution of a controlled substance will be dealt with promptly in accordance with legal requirements and administrative disciplinary procedures. 4.3.a. Employees who are in violation of the provisions of the Drug-Free Workplace Act shall be subject to disciplinary action up to and including termination and/or may be required to satisfactorily participate in a drug rehabilitation or assistance program. Resources shall be provided in accordance with West Virginia Public Employees Insurance Agency guidelines.4.3.b. The WVDE will take appropriate personnel action in accordance with the disciplinary procedure outlined in the WVDE Employee Handbook.4.3.c. State or county agencies that are contractors or grantees are subject to suspension of payments and termination of the contract or grant for violations of any of the requirements of a drug-free workplace, if they make a false initial certification, or if the number of drug-related convictions of employees indicates that the employer has not made a good faith effort to maintain a drug-free workplace.4.4. As a condition of employment with the WVDE, employees shall:4.4.a. comply with the terms of this policy;4.4.b. notify their supervisor of any criminal drug or alcohol violation occurring in the workplace or conviction outside of the workplace, no later than five days after such violation or conviction occurs; and4.4.c. sign the Drug-Free Workplace Verification Statement.4.5. Resources shall be made available to employees by the WVDE Office of Human Resources, according to the guidelines of the West Virginia Public Employees Insurance Agency.4.6. Consistent with W. Va. Code § 16A-15-4, an employee shall not be subject to discipline based solely upon the following: 4.6.a. the employee has been issued a medical cannabis identification card by the West Virginia Department of Health and Human Resources, Bureau for Public Health, pursuant to the Medical Cannabis Act, W. Va. Code §§ 16A-1-1, et seq.; and/or4.6.b. the employee has been issued a physician certification to use medical cannabis as part of the treatment of a serious medical condition as that term is defined by W. Va. Code § 16A-2-1(a)(31); and/or4.6.c. the employee has been issued a caregiver's identification card issued by the West Virginia Department of Health and Human Resources, Bureau for Public Health, pursuant to the Medical Cannabis Act, W. Va. Code §§ 16A-1-1, et seq.4.7. Employees are prohibited from using, possessing, being under the influence of, and/or storing medical cannabis in the workplace. 4.7.a. This policy is not intended to prohibit the lawful use of medical cannabis by employees outside of the workplace, provided that when the employee returns to or is otherwise in the workplace, the employee is not under the influence of medical cannabis. An employee may be considered under the influence of medical cannabis when the employee manifests specific symptoms while working that decrease or lessen the employee's performance of the duties or tasks of the employee's position. Such symptoms may include, but are not limited to, impairment of speech, physical dexterity, agility, coordination, demeanor, and/or behavior.4.8. Employees whose positions are subject to United States Department of Transportation drug testing requirements, such as school bus operators, are prohibited from using medical cannabis at any time inasmuch as applicable federal regulations do not authorize medical cannabis permitted under state law to be a valid medical explanation for an employee's positive drug test result.4.9. Because cannabis and/or marijuana is a controlled substance under federal law, any employee who carries, possesses, or transports a firearm or ammunition as authorized and while performing the duties of the employee's position is prohibited from using medical cannabis at any time pursuant to federal gun law requirements.