In West Virginia, drug testing falls into several categories; "post-offer" testing (used to be called "preemployment" testing), random testing for people whose jobs are "safety sensitive", and "for cause" testing. If an employer is going to test employees, it is important to have a policy which prohibits the possession, use, sale, etc. of drugs at work, and also tells employees that they will be tested. Whether an employee can be tested depends on what the policy says and not on whether the employee is part time. If the policy (or an employee handbook covering part time workers) requires all employees in the same category ("safety sensitive" for instance) to be tested, then all employees in that category could be tested, including part-time employees, even if a supervisor or other company representatives has told them otherwise. The oral statements by a supervisor usually can't alter the terms and application of the policy.
The West Virginia Supreme Court of Appeals held in Twigg v. Hercules Power Company, that drug testing invades an employee's right of privacy, but later cases such as Baughman v. Wal-Mart have allowed testing in a variety of circumstances. The law is pretty complex in this area. If you believe your right of privacy has been improperly invaded you should check with your attorney for specific advice and guidance.
Answered on Aug 15th, 2011 at 1:19 PM