West Virginia Code 21-1D-4 – Drug-free workplace policy required for public improvement construction
Except as provided in section eight of this article, no public authority may award a public improvement contract which is to be let to bid to a contractor unless the terms of the contract require the contractor and its subcontractors to implement and maintain a written drug-free workplace policy in compliance with this article and the contractor and its subcontractors provide a sworn statement in writing, under the penalties of perjury, that they maintain a valid drug-free workplace policy in compliance with this article.The public improvement contract shall provide for the following:
Terms Used In West Virginia Code 21-1D-4
- Contract: A legal written agreement that becomes binding when signed.
- contractor: means any employer working on a public improvement without regard to whether they are serving as the prime or subcontractor to another. See West Virginia Code 21-1D-2
- in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
- public authority: as used in this article , means any officer, board or commission or other agency of the State of West Virginia, its counties or municipalities or any political subdivision thereof, authorized by law to enter into a contract for the construction of a public improvement, including any institution supported, in whole or in part, by public funds of the State of West Virginia and this article applies to expenditures of these institutions made, in whole or in part, from public funds. See West Virginia Code 21-1D-2
- public improvement: as used in this article , includes all buildings, roads, highways, bridges, streets, alleys, sewers, ditches, sewage disposal plants, waterworks, airports and all other structures upon which construction may be let to contract by the State of West Virginia, its counties or municipalities or any political subdivision thereof. See West Virginia Code 21-1D-2
- Workplace: means a place where public employees are assigned to work but shall not include any place where public employees are assigned to work that is inspected and regulated in accordance with federal occupational safety and health standards or mine safety and health administration standards, or facilities under the authority of the department of corrections, the department of health, or the Legislature. See West Virginia Code 21-3A-2
(1) That the contractor implements its drug-free workplace policy;
(2) Cancellation of the contract by the awarding public authority if the contractor:
(A) Fails to implement its drug-free workplace policy;
(B) Fails to provide information regarding implementation of the contractor's drug-free workplace policy at the request of the public authority; or
(C) Provides to the public authority false information regarding the contractor's drug-free workplace policy.