Workplace drug testing issues – State Laws – Texas
These categories do not effect DOT regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
Instant or POCT Testing
Medical Review Officer (MRO)
Use of MRO highly recommended to avoid liability in your drug testing program.
Follow a “reasonable basis” for requiring a post-accident drug test.
Oral Fluid Testing
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
An insurance carrier is not liable for compensation if the injury occurred while the employee was in a state of intoxication.
The Texas Compassionate Use Act (Senate Bill 339) - low-THC cannabis. Texas Occupations Code §169.001 specifically prohibits ingesting low-THC by smoking.
Report Driver DOT Positives
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.
None, None, there is a law regarding cheating on a drug test - Texas Health & Safety 481.133
Intoxication Defense - Texas Labor Code 406.032(1)(A).
Intoxication Defense - States vary in their willingness to allow employers to use an injured worker's intoxication as a defense against a claim for compensation. State laws' intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury. Always check with your insurance company and your attorney when you have a positive post-accident test after an injury.
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local laws vary greatly; therefore, you are advised to consult experienced legal counsel during the development or edit of your actual substance abuse testing program and with any questions that follow.
State Law Texas
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