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Texas - STATE LAWS

Coming Soon, State Laws for Workplace Drug Testing

Regulations for workplace drug testing are very important to maintain an effective and legal drug free workplace program. It is particularly important to pay attention to individual state laws regarding employer drug testing programs. Employers need to be concerned about limiting exposure to liability in a drug testing program.

A good drug testing program will go a long way toward addressing safety, OSHA compliance, ADA Compliance, performance and workers’ comp issues; having the right company policies, education programs and insurance coverage will go the extra step to protect you against potential lawsuits and financial liability. Many states have different laws regarding drug testing, check back to view the guidelines for drug testing in your state.

Workplace Drug Testing Laws in Texas

Instant or POCT Testing

No Restrictions

Drug Panels

No Restrictions

Laboratory

No Restrictions

Medical Review Officer (MRO)

No Restrictions

Use of MRO highly recommended to avoid liability in your drug testing program.

Random Testing

No Restrictions

Post-Accident

No Restrictions

Follow a “reasonable basis” for requiring a post-accident drug test.

Oral Fluid Testing

No Restrictions

Hair Testing

No Restrictions

Unemployment Denial

Yes, address in company policy

An individual is disqualified for benefits if the individual was discharged for misconduct connected with the individual's last work. State in your drug free workplace policy that a refusal to test or a positive test is misconduct. Terminate employment for misconduct.

Workers Comp Discount

No

Intoxication Defense

Yes, available

An insurance carrier is not liable for compensation if the injury occurred while the employee was in a state of intoxication.

Medical Marijuana

Yes

The Texas Compassionate Use Act (Senate Bill 339) - low-THC cannabis. Texas Occupations Code §169.001 specifically prohibits ingesting low-THC by smoking.

Recreational Marijuana

No

Report Driver DOT Positives

Yes

An employer covered under the USDOT regulations must report the following to the Texas Department of Transportation: a valid positive test result, a refusal to provide a specimen, or an adulterated specimen or substituted specimen.

General Statute

None, None, there is a law regarding cheating on a drug test - Texas Health & Safety 481.133