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
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.
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