A new state law that took effect at the beginning of July requires contractors working for the state to go the extra step when drug testing employees, but so far it has cost one contractor a job.

MEC Construction of Bridgeport lost out on a state Department of Transportation bridge project because it forgot to notarize a statement saying its employees had taken the tests.

The DOT also is going to need to re-advertise bids on two paving projects for the same reason.

The law, called the West Virginia Alcohol and Drug-Free Workplace Act, was passed by the state Legislature earlier this year and went into effect July 1.

It requires any contractor working on a public project to submit its employees to a nine-panel drug screening and submit to state officials an affidavit that it has a plan for a drug-free workplace policy.

It is the affidavit part that caused some contractors problems.

Darrell Allen, deputy state highway engineer for construction, said DOT legal staff interpreted the law as meaning that contractors have to turn in a notarized statement about their drug policy when submitting bids for project.

MEC Construction was the low bidder on a bridge project in Preston County, but it didn't have its statement notarized, so the bid was classified as "irregular," meaning it wasn't accepted. The bid went to the second lowest bidder for $30,000 more than what MEC bid.

In another case, several contractors bidding on two repaving projects on Interstate 64 and Interstate 79 didn't turn in notarized statements. As a result, the agency decided to re-advertise the projects with an emphasis on getting the word about the affidavits.

"It is getting late in the year, and we are really losing time on it," Allen said about the repaving.

David Alvarez, president and co-owner of MEC Construction, said his company has tested his employees for drugs for 15 years, and it has worked on many state projects in that time.

He pointed out that the new law was more stringent than the standards used by the U.S. Department of Transportation, which requires only a five-panel drug screening for truck drivers and other people working on highways.

"In my opinion, if you are running a successful company in today's world, you are already drug testing," he said.

According to state law, a nine-panel drug screening is a urine test that searchesfor marijuana, cocaine and opiates, which include hydromorphone, oxycodone, hydrocodone, phencyclidine, amphetamines, barbiturates, benzodiazepines, methadone and propoxyphene.

It is more thorough than a five-panel screening, which doesn't look for barbiturates, benzodiazepines, methadone and propoxyphene.

Alvarez said the nine-panel drug screening is more costly than the five-panel screening.

He said he doesn't have a problem with it except that as a company with 15 years in the state, MEC Construction already has a proven record that it takes steps to keep drugs and alcohol out of the workplace.

"It is kind of perplexing that as a longstanding West Virginia company, your own legislation precludes you from bidding on work, and you're way above the bar," he said. "It's disheartening."

Allen said he and his staff were not aware of the law change until a few days before it went into effect, and they scrambled to prepare the proper forms that contractors could use when bidding on public projects.

"We're a lot like sheep," he said. "We're used to how things go, then when something changes there's always a problem."

Sen. Andy McKenzie, R-Ohio, said the legislation was not about sticking the hand of government into the workplace but ensuring public safety.

He co-sponsored the bill with Sen. Robert Plymale, D-Wayne, and Senate Judiciary Chairman Jeffrey Kessler, D-Marshall.

"It was a general feeling we are not isolated here in West Virginia from drug or alcohol problems," McKenzie said.

As far as timing, he pointed out the bill was introduced in February and signed into law in April.

Mike Zirkle, director of member services for the Contractors Association of West Virginia, said his organization has held a series of meetings for members to notify them about the law change.

"We tried to educate the members early on the law was passed," he said.

Michael Clowser, executive director of the association, said the bill was proposed by organized labor, and the association supported it.

However, after it passed it became apparent there were issues that needed to be resolved. One was the different federal and state standards over nine-panel and five-panel screenings. Another was pre-employment testing.

Clowser said the association has met with both the Governor's Office and Kessler about the law.

He said his organization will continue to monitor it over the next few months "and we will have to get the Legislature back in to resolve the problems."