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.
These categories do not effect DOT regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
| Drug Testing Issue | Status | Comments |
|---|---|---|
| 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