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Washington - STATE LAWS

Workplace drug testing issues – State Laws – Washington

These categories do not effect DOT regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

Workplace Drug Testing Laws in Washington

Instant or POCT Testing

No Restrictions

Drug Panels

No Restrictions

Laboratory

No Restrictions

Medical Review Officer (MRO)

Not required

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

Random Testing

No Restrictions

Post-Accident

No Restrictions

Reasonable Suspicion

No Restrictions

Document carefully

Oral Fluids

No Restrictions

Hair Testing

No Restrictions

Unemployment Denial

Yes, address in company policy

State that violation of drug free workplace policy is misconduct to deny unemployment benefits. RCW 50.20.066

Workers Comp Discount

No

Intoxication Defense

No

Medical Marijuana

Yes

Medical marijuana is regulated in Washington but may no requirement to accommodate in any place of employment. Employer has no duty to accommodate medical marijuana in drug free workplaces under Washington law even when use outside workplace.

Recreational Marijuana

Yes

The Washington recreational marijuana law does not directly alter the law in the state on employer drug testing, employers must address recreational marijuana and medical marijuana in their drug free workplace policies.

Report Driver DOT Positives

Yes

Requires MROs and BATs to report positive DOT drug and alcohol test results on individuals holding a WA CDL directly to the State using a standard form. The SAP assessment/treatment report is submitted by the SAP to the State. For the 1st and 2nd violations, the driver’s CDL is suspended until successful completion of the SAP assessment and rehabilitation process is documented by the SAP report to the State. For a 3rd violation within 5 years, there is a lifetime suspension of the CDL.

General Statute

No State Law on Drug Testing, no restriction.

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow.

State Law Washington

RCW 50.20.066