dissenting:
I dissent to the majority’s opinion for one reason: How can an attempt to create a drug-free environment be against the public policy of this State? The majority admits that “generally a private employer can conduct drug testing without having to concern themselves with requirements of the fourth amendment.” See majority opinion at p. 159. Despite this conclusion, however, the majority quickly discovers a public policy exception which negates the finding. Quoting Cordle v. General Hugh Mercer Corp., 174 W.Va. 321, 325 S.E.2d 111 (1984), this Court held that:
[i]t is contrary to the public policy of West Virginia for an employer to require or request that an employee submit to a polygraph test or similar test as a condition of employment, and although the rights of employees under that public policy are not absolute, in that under certain circumstances, such as those contemplated by V.Va.Code, 21-5-5b [1983], such a polygraph test or similar test may be permitted, the public policy against such testing is grounded upon the recognition in this State of an individual’s interest in privacy.
Id. at syl. pt. 3.
In relying upon this case, the majority ignores the fact that the result in Cordle was based upon a direct statutory provision which prohibited an employer from requiring that an employee undergo “a polygraph, lie detector, or other such similar test utilizing mechanical measures of physiological reactions to evaluate truthfulness _” 1 Thus, since the legislature addressed the issue of polygraph tests, the Court in Cordle was correct in assuming that there was a public policy against such tests.
*161However, no indication of legislative intent exists in this case. There is no statute which prevents drug testing. While I agree that a right to privacy exists in this State, it is subject to a private employer’s right to insure that their work place is drug-free. I believe that an employer is entitled to know whether his employees are using drugs which may affect their work performance and, in some cases, the safety of others at the work place.
The majority does not suggest that the employer in this case chose Twigg for testing based upon an improper reason. Instead, the decision appears to be based solely upon an all encompassing privacy right which exists virtually to the exclusion of all other rights. I cannot agree, nor can I believe that the people of this State intended such a result.
. Even without the privacy issue, the holding in Cordle does not forbid drug testing. West Virginia Code § 21-5-5b (1983) only discusses tests "utilizing mechanical measures of physiological reactions to evaluate truthfulness_’’ This obviously does not include drug testing.