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.
Workplace Drug Testing Laws in Texas
|Drug Testing Issue||Status||Comments|
|Instant or POCT Testing||No Restrictions|
|Drug Panels||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.|
|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|
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