Washington State Drug Testing Laws

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 Testing IssueStatusComments
Instant or POCT Testing No Restrictions
Drug PanelsNo Restrictions
LaboratoryNo Restrictions
Medical Review Officer (MRO)Not RequiredUse of MRO highly recommended to avoid liability in your drug testing program.
Random TestingNo Restrictions
Post-Accident No Restrictions
Reasonable SuspicionNo RestrictionsDocument carefully
Oral FluidsNo Restrictions
Hair TestingNo Restrictions
Unemployment DenialYes, address in company policyState that violation of drug free workplace policy is misconduct to deny unemployment benefits. RCW 50.20.066
Workers Comp DiscountNo
Intoxication DefenseNo
Medical MarijuanaYesMedical 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 MarijuanaYesThe 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 YesRequires 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

RCW 50.20.066