Workplace Smoking Rules in West Virginia

General provisions. No general provision. However, it is an unlawful employment practice for any public or private West Virginia employer to refuse to hire or to disadvantage or penalize any employee in compensation, terms, conditions, or privileges of employment solely because the person uses tobacco products off the employer's premises during nonworking hours. However, the ban does not apply to a nonprofit organization that, as one of its primary purposes or objectives, discourages the use of one or more tobacco products by the general public.

Also, the law does not prohibit an employer from offering, imposing, or having in effect, a health, disability or life insurance policy that makes distinctions between employees for type or price of coverage based on the employee's use of tobacco products. However, any differential premium must reflect differential costs to the employer, and the employer must provide employees with a statement delineating the differential rates used by its insurance carriers. Employers are still free to make available to smokers and other users of tobacco products free or reduced-rate programs that discourage smoking or tobacco use.

Employers covered. Employers with one or more employees.

Written policy requirements. Employer policy not specified.

Posting requirements. Posting not specified.

No smoking areas. No-smoking areas not specified.

Designated smoking areas. Designated smoking areas not specified.