Washington State Drug Testing Laws

Workplace drug testing issues – State Laws – Washington

These categories do not affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

Workplace Drug Testing Laws in Washington

Drug Testing Issue	Status	Comments
Instant or POCT Testing	No Restrictions
Drug Panels	No Restrictions
Laboratory	No Restrictions
Medical Review Officer (MRO)	Not required	The use of MRO is 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 50.20.066rnrn
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. Under Washington law, the employer has no duty to accommodate medical marijuana in drug-free workplaces, even when used outside the workplace.
Recreational Marijuana	Yes	The 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	Yes	Requires 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 submits the SAP assessment/treatment report 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 the 3rd violation within five years, there is a lifetime suspension of the CDL.
General Statute		No State Law on Drug Testing, no restriction

RCW 50.20.066

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law vary 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.

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Workplace drug testing issues – State Laws – Washington

Workplace Drug Testing Laws in Washington

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