Texas

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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 IssueStatusComments
Instant or POCT TestingNo Restrictions
Drug PanelsNo Restrictions
LaboratoryNo Restrictions
Medical Review Officer (MRO)No RestrictionsUse of MRO highly recommended to avoid liability in your drug testing program.
Random TestingNo Restrictions
Post-AccidentNo RestrictionsFollow a 'reasonable basis' for requiring a post-accident drug test.
Oral Fluid TestingNo Restrictions
Hair TestingNo Restrictions
Unemployment DenialYes, address in company policyAn 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 DiscountNo
Intoxication DefenseYes, availableAn insurance carrier is not liable for compensation if the injury occurred while the employee was in a state of intoxication.
Medical MarijuanaYesThe Texas Compassionate Use Act (Senate Bill 339) - low-THC cannabis. Texas Occupations Code §169.001 specifically prohibits ingesting low-THC by smoking.
Recreational MarijuanaNo
Report Driver DOT PositivesYesAn 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 StatuteNone, None, there is a law regarding cheating on a drug test - Texas Health & Safety 481.133

Medical Marijuana -  Texas Compassionate Use Act (Senate Bill 339) - Texas Occupations Code §169.001 

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