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Washington - 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 Washington

Instant or POCT Testing

No Restrictions

Drug Panels

No Restrictions


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


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


Intoxication Defense


Medical Marijuana


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


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


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.