Texas Drug Testing Laws
Texas, being a large and economically significant state, has several regulations in place regarding drug testing in the workplace. However, unlike some states, Texas doesn't have a comprehensive drug-testing statute for private employers. Still, there are various laws and regulations that employers must consider when implementing drug testing policies.
Marijuana in Texas: Medical marijuana is legal for specific medical conditions under the Texas Compassionate Use Program, but recreational marijuana remains illegal.
For more information visit the Texas Labor Code on the Texas State Legislature website.
|Drug Testing Issue
|Instant or POCT Testing
|Employer's discretion unless otherwise restricted by specific laws.
|Not Specified by law
|Up to employer's discretion.
|Not Specifically Required
|However, using SAMHSA-certified labs can provide a defensible position.
|Medical Review Officer (MRO)
|Though it's recommended for validity and defensibility of tests.
|With consideration of rights to privacy and potential discrimination claims.
|Particularly if impairment is suspected.
|Based on documented observations.
|At employer's discretion.
|At employer's discretion.
|If drug use is a violation of the company policy and led to termination.
|Workers Comp Premium Reduction
|State law doesn't provide a specific drug-free workplace program for this.
|Workers' compensation claims can be denied if injury is due to intoxication.
|Only for specific medical conditions under Texas Compassionate Use Program.
|Not legalized in Texas.
|Report Driver DOT Positives
|Follow federal guidelines
|Federal DOT regulations are paramount.
|Varies by specific drug testing situation
|Some applicable laws include Texas Labor Code, Texas Health & Safety Code, and others.
It's crucial to note that while this summary provides an overview, it's essential for employers and interested parties to consult with a legal professional for thorough understanding and updates. Information may change over time, and legal nuances may impact specific situations.
- Answered by: Andrew David Easler, Esq.
- Published: 12/19/2022
- Updated: 11/03/2023
We are an education company, not a law firm. The information and content we provide is for general informational purposes only and does not constitute legal advice. We make no representations, warranties, or guarantees regarding the accuracy, completeness, or applicability of the content. It is important to always consult with a qualified attorney for specific legal counsel pertaining to your individual circumstances.
Mock Collections for DOT Breath Alcohol Technicians (BAT)
DOT Oral Fluid Collector Train-the-Trainer
Non-DOT Hair Collector Basic Proficiency Training
Non-DOT Urine Specimen Collection Initial Proficiency Training
DOT Breath Alcohol Technician Basic Proficiency Training
DOT Urine Specimen Collector Basic Proficiency Training
DOT Oral Fluid Collector Training
FAA Reasonable Suspicion Training for Supervisors
Training on New York's Workplace Drug Testing Laws
Training on California Workplace Drug Testing Laws
Non-DOT Urine Specimen Collector Train-the-Trainer
Training on Texas Workplace Drug Testing Laws