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.
Drug and alcohol testing in Washington is permitted, but some industries may have specific testing regulations. Employers should be aware of significant case law that may impact workplace testing programs. Of note is the state’s cannabis laws, which limit which specimens an employer can use to test for THC in most circumstances.
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. See below regarding pre-employment testing for marijuana according to State Bill 5123, effective 01/01/2024.cint |
| Recreational Marijuana | Yes | Effective 01/01/2024, State Bill 5123 limits how employers may do pre-hire drug tests for cannabis (aka marijuana). Recomend no marijuana for non-DOT non safety sensitive positive pre-employment test. Employers still may and should test for cannabis for random selections, post-accident, reasonable suspicion, follow-up or return-to-duty testing. |
| Report Driver DOT Positives | See Comments | The state department of licensing must not renew a CDL if the CDL holder is prohibited from operating a commercial motor vehicle based on a query of the drug and alcohol clearinghouse as provided in 49 C.F.R. Sec. 12 383.73. This replaces the requirement of drug testing outside of DOT-required testing. |
| 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
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.
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