Terms Used In West Virginia Code > Chapter 21 > Article 1D - West Virginia Alcohol and Drug-Free Workplace Act

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• alcohol test: means a procedure conducted to determine if an individual is under the influence of alcohol. See West Virginia Code 21-1D-2
• Commission: means the occupational safety and health review commission established under this article. See West Virginia Code 21-3A-2
• construction: as used in this article , means any construction, reconstruction, improvement, enlargement, painting, decorating or repair of any public improvement let to contract the value of which contract is over $100,000. See West Virginia Code 21-1D-2
• 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
• Conviction: A judgement of guilt against a criminal defendant.
• drug of abuse: means any substance listed under subsection (h) of this section and any other substance the employer chooses to test for. See West Virginia Code 21-1D-2
• drug test: means a procedure using at least a nine-panel drug screen in urine specimens that are collected from individuals for the purpose of scientifically analyzing the specimens to determine if the individual ingested, was injected or otherwise exposed to a drug of abuse. See West Virginia Code 21-1D-2
• employee: means a laborer, mechanic or other worker. See West Virginia Code 21-1D-2
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
• Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
• medical review officer: means a physician who holds a certificate authorizing them to practice medicine and surgery or osteopathic medicine and surgery, has knowledge of substance abuse disorders, has the appropriate medical training to interpret and evaluate positive drug and alcohol test results together with a person'. See West Virginia Code 21-1D-2
• nine-panel drug screen: means a drug-testing program that tests for marijuana, cocaine, opiates including hydromorphone, oxycodone, hydrocodone, phencyclidine, amphetamines, barbiturates, benzodiazepines, methadone and propoxyphene at the substance screening and confirmation limits where provided under federally mandated drug and alcohol testing programs or otherwise accepted as the industry standard. See West Virginia Code 21-1D-2
• Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
• Person: means one or more individuals. See West Virginia Code 21-3A-2
• 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
• random drug testing: means a procedure in which employees who perform safety-sensitive tasks are selected to undergo a drug test by a statistically valid random selection method without prearrangement or planning. See West Virginia Code 21-1D-2
• reasonable cause: means a belief based on facts and inferences based primarily upon, but not limited to: (1) Observable phenomena, such as direct observation of use, possession or distribution of alcohol or a drug of abuse, or of the physical symptoms of being under the influence of alcohol or a drug of abuse, such as, but not limited to, slurred speech, dilated pupils, odor of an alcoholic beverage or a drug of abuse, changes in affect or dynamic mood swings. See West Virginia Code 21-1D-2
• State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
• under the influence of alcohol: means a concentration of eight hundredths of one percent or more by weight of alcohol in an individual'. 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