40.1-28 - Unlawful to require payment for medical examination as condition of employment.
§ 40.1-28. Unlawful to require payment for medical examination as conditionof employment.
It shall be unlawful for any employer to require any employee or applicantfor employment to pay the cost of a medical examination or the cost offurnishing any medical records required by the employer as a condition ofemployment.
Any employer who violates the provisions of this section shall be subject toa civil penalty not to exceed $100 for each violation. A penaltydetermination by the Commissioner shall be final, unless within fifteen daysafter receipt of such notice the person charged with the violation notifiesthe Commissioner by certified mail that he intends to contest the proposedpenalty before the appropriate general district court.
Civil penalties owed under this section shall be paid to the Commissioner fordeposit into the general fund of the Treasury of the Commonwealth. TheCommissioner shall prescribe procedures for the payment of proposed penaltieswhich are not contested by employers.
(Code 1950, § 40-22.1; 1952, c. 525; 1962, c. 66; 1970, c. 321; 1973, c. 425;1982, c. 84.)