West Virginia Code § 21-5-5b

Employer limitations on use of detection of deception devices or
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instruments; exceptions.
No employer may require or request either directly or indirectly, that any employee or
prospective employee of the employer submit to a psychophysiological detection of
deception examination, lie detector or other similar examination utilizing mechanical or
electronic measures of physiological reactions to evaluate truthfulness, ande no employer
may knowingly allow the results of any examination administered outside this state to be
utilized for the purpose of determining whether to employ a prospectivre employee or to
continue the employment of an employee in this state: Provided, That the provisions of this
section shall not apply to employees or prospective employees who would have direct access
to the manufacture, storage, distribution or sale of any controlled substance listed in
schedule I, II, III, IV or V of section eight hundred twelve of ttitle twenty-one of the United
States code: Provided, however, That the provisions of this section shall not apply to law-
enforcement agencies or to military forces of the state as defined by section one, article one,
chapter fifteen of the code: Provided further, That the results of any examination shall be
used solely for the purpose of determining whether to employ or to continue to employ any
person exempted hereunder and for no other purpose.

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