Workplace State Law · Virginia

Virginia Workplace Saliva (Oral Fluid) Drug Testing Law

How Virginia treats oral fluid (saliva) drug testing in the workplace — the statute, its current status, and what that means for employers building or updating a testing program.

Status: Open / Permissive

Statute and status in Virginia

Statute / authority: No mandatory state workplace testing law

No general mandatory testing statute. Oral fluid fully permissible. Cannabis recreational since 2021 but employers can still test. Safety-sensitive and federal contractor workforces are strong target.

Reviewed Apr 2026. Always verify state law before deployment. This page summarizes OraTek's research and is not legal advice.

What this means for employers in Virginia

Virginia has no statute restricting the specimen an employer may test, so saliva testing is permitted under general employment law. Keep a written policy, apply it consistently, and confirm non-negative screens at a laboratory.

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