Washington Drug Testing Laws

Under Washington law, there are few restrictions on employers who implement a drug-free workplace policy. Washington has passed statutes allowing the use of Medical Marijuana and Recreational Marijuana. However, courts have recognized that employers are under no obligation to accommodate the use of Marijuana.

Marijuana in Washington: Both recreational and medical marijuana use is legal in Washington. While employers have the right to establish a drug-free workplace and are not mandated to accommodate the use of medical marijuana, they should be cautious of discrimination issues.

Access the Washington Revised Code (Title 49) related to Labor Regulations here.

Drug Testing Issue	Status	Comments
Instant or POCT Testing	Allowed	But subject to employer's policy and privacy considerations.
Drug Panels	Not Specifically Detailed	At the employer's discretion.
Laboratory	Recommended	Use of SAMHSA-certified labs is advisable.
Medical Review Officer (MRO)	Recommended	Ensures accurate results and interpretation.
Random Testing	Allowed	Especially if safety-sensitive positions are involved.
Post-Accident	Allowed	Based on the employer's policy and circumstances.
Reasonable Suspicion	Allowed	Based on tangible evidence or observation.
Oral Fluids	Not Specifically Detailed	As per employer policy.
Hair Testing	Not Specifically Detailed	As per employer policy.
Unemployment Denial	Possible	If a violation of the employer's drug-free policy is established.
Workers Comp Premium Reduction	Not Available	Washington does not offer this incentive.
Intoxication Defense	Allowed	Can counter workers' comp claims if injury was due to drug/alcohol use.
Medical Marijuana	Allowed	But no employer mandate for accommodation.
Recreational Marijuana	Allowed	Employers can have drug-free workplace policies.
Report Driver DOT Positives	As per federal guidelines	Adherence to Federal DOT regulations is necessary.
General Statute	Wash. Rev. Code § 49.17.040 and others	They cover workers' rights and privacy considerations.

For a complete understanding, always consult with a legal professional, as the legal landscape is intricate and may contain nuances or recent changes.

Answered by: Andrew David Easler, Esq.
Published: 12/19/2022
Updated: 11/03/2023

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