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HB 2441

To make those who fail drug test ineligible for unemployment

2025 Regular Session Introduced by George Street

House Bill 2441 disqualifies employees from unemployment benefits for failing drug tests in safety-sensitive jobs, impacting their eligibility for seven weeks.

Chapter 236, Acts, Regular Session, 2025
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Bill Summary · HB 2441

Summary of House Bill 2441

Bill Information

  • Bill Number: HB 2441
  • Title: To make those who fail drug tests ineligible for unemployment
  • Status: Chapter 236, Acts, Regular Session, 2025
  • Introduced: February 03, 2025
  • Effective Date: July 2, 2025 (90 days from passage)
  • Subject: Unemployment Compensation

Purpose and Intent

House Bill 2441 aims to amend the Code of West Virginia to establish disqualifications for unemployment benefits for employees who fail random drug or alcohol tests. The bill specifically targets employees in safety-sensitive positions or those whose substance use poses a risk to their health and safety or that of others.

Key Provisions

The bill amends §21A-6-3 of the Code of West Virginia, introducing the following key provisions:

  1. Disqualification for Benefits:

    • Employees will be disqualified from receiving unemployment benefits if they are discharged due to failing a random drug or alcohol test.
    • This applies specifically to positions where substance use creates an inherent risk to health and safety.

  2. Conditions for Disqualification:

    • The disqualification applies for the week of discharge and extends for six weeks thereafter.
    • Employees must work for at least 30 days in covered employment after the disqualification period to regain eligibility for benefits.

  3. Definition of Misconduct:

    • The bill clarifies that misconduct includes refusal to submit to drug testing or failing such tests in safety-sensitive roles.
    • Other forms of gross misconduct are also outlined, which can lead to disqualification from benefits.

  4. Impact on Benefits:

    • The maximum benefit amount may be reduced by an amount equal to six times the individual’s weekly benefit for the duration of the disqualification.

Who Would Be Affected

  • Employees: Individuals employed in safety-sensitive positions or roles where substance use poses risks to themselves or others will be directly affected. Those who fail drug tests will lose their eligibility for unemployment benefits.
  • Employers: Companies that conduct random drug testing will need to enforce these provisions and may see changes in their workforce dynamics as a result.

Procedural Aspects

  • The bill was passed by the West Virginia Legislature on April 3, 2025, and was approved by the Governor on April 12, 2025.
  • The provisions will take effect 90 days after passage, on July 2, 2025.

Conclusion

House Bill 2441 establishes a clear framework for disqualifying employees from unemployment benefits based on drug and alcohol test failures, particularly in safety-sensitive roles. This legislation aims to enhance workplace safety and accountability while impacting both employees and employers in West Virginia.

Compiled from official sources — confirm details with the bill’s official record.

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