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2008 SESSION

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HB 366 Unemployment compensation; testing for controlled substances. 

Introduced by: Charles W. Carrico, Sr. | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Unemployment compensation; testing for controlled substances. Disqualifies an individual from receiving unemployment compensation benefits if he is discharged from employment as a result of a confirmed positive test for a nonprescribed controlled substance conducted in a United States Department of Transportation-qualified drug screen, conducted in accordance with an employer's bona fide drug policy. Currently, an individual is ineligible for unemployment benefits if he fails a drug test conducted in accordance with scientifically recognized standards by a laboratory accredited by the United States Department of Health and Human Services, or the College of American Pathology, or the American Association for Clinical Chemistry, or the equivalent.

SUMMARY AS INTRODUCED:

Unemployment compensation; testing for controlled substances.  Disqualifies an individual from receiving unemployment compensation benefits if he is discharged from employment as a result of a confirmed positive test for a nonprescribed controlled substance conducted in a United States Department of Transportation-qualified drug screen. In addition, an unemployed individual who applies for benefits is disqualified if he has been rejected for offered employment as the result of either (i) failing to appear for such a drug screen that is a condition of a job offer or (ii) testing positive for a nonprescribed controlled substance in such a drug screen. Currently, an individual is ineligible for unemployment benefits if he fails a drug test conducted in accordance with scientifically recognized standards by a laboratory accredited by the United States Department of Health and Human Services, or the College of American Pathology, or the American Association for Clinical Chemistry, or the equivalent. In addition, the provision that currently permits the Virginia Employment Commission to consider evidence of mitigating circumstances in determining whether misconduct occurred is repealed.