Coal Miners do not forfeit their privacy rights by virtue of employment. An employer must have reasonable suspicion to request a substance abuse test. Reasonable suspicion means that the employer has a legitimate reason, based on logic and facts, to believe that you have been taking drugs, and isn’t just guessing, speculating or discriminating against you. Reasonable suspicion can be different in different circumstances. Examples of reasonable suspicion include but are not limited to:
Direct observation of drug use or physical symptoms of drug use (slurred speech, uncoordinated movement, etc.)
A report from a reliable source that an employee is using drugs
Evidence that an employee has tampered with his/her drug results
Erratic behavior while at work or significant deterioration in work performance
Evidence that the employee has used, possessed, sold, solicited, or transferred drugs while working or at work
The Law Office of Rachel Hanna successfully defended Murray Energy’s suspension of a coal miner’s certification resulting in immediate restoration of our client’s coal miner’s certifications.
BOARD OF APPEALS WEST VIRGINIA OFFICE OF MINERS’ HEALTH SAFETY AND TRAINING ORDER REINSTATING CERTIFICATION: watkinscoalminesafetyboardofappealsorder-2