The bill amends the Code of West Virginia to establish that employees will be disqualified from receiving unemployment benefits if they are discharged due to failing random testing for alcohol or illegal controlled substances, particularly in situations where such use poses a risk to health and safety or if the employee holds a safety-sensitive position. This new provision is inserted into the existing disqualification criteria under section 21A-6-3, which outlines various reasons for disqualification from unemployment benefits.

In addition to this new insertion, the bill retains existing disqualification reasons, such as misconduct, voluntary resignation without good cause, and failure to seek suitable work. The language clarifies that disqualification for failing drug or alcohol tests applies specifically to employees in positions where substance use could endanger themselves or others, thereby reinforcing workplace safety standards. The bill is set to take effect 90 days after its passage, which is on June 19, 2025.

Statutes affected:
Introduced Version: 21A-6-3
Committee Substitute: 21-1D-2, 21A-6-3
Committee Substitute for the Committee Substitute: 21A-6-3
Engrossed Committee Substitute for the Committee Substitute: 21A-6-3
Enrolled Version: 21A-6-3