The proposed bill aims to amend the Code of West Virginia by introducing a new article that limits the liability of employers regarding employees whose criminal records for drug addiction-related offenses are expunged. It establishes that employers are not liable for any unlawful or negligent actions of employees who have had their records expunged, nor are they responsible for health care costs associated with addiction if the employee relapses during employment. Additionally, the bill mandates the creation of a database to track expunged drug addiction-related offenses and requires courts to cross-reference this database in civil or criminal actions involving employees under return-to-work initiatives for recovering addicts.
Furthermore, the bill specifies that employers are not obligated to provide health insurance coverage for employees with expunged records if they commit unlawful acts during employment. It also allows employers to voluntarily sign waivers for health insurance coverage related to addiction but does not require them to do so. Overall, the legislation seeks to encourage the hiring of individuals with expunged records while protecting employers from potential liabilities associated with their past offenses.
Statutes affected: Introduced Version: 62-15C-1, 62-15C-2, 62-15C-3, 62-15C-4, 62-15C-5